As Shown by Extracts from Dominion and
Provincial Laws Relating to
MARRIAGE, PROPERTY, DOWER, DIVORCE,
DESCENT OF LAND, FRANCHISE,
CRIME AND OTHER SUBJECTS
HENRIETTA MUIR EDWARDS.
Published by the National Council of Women of Canada
As Shown by Extracts from Dominion and
Provincial Laws Relating to
MARRIAGE, PROPERTY, DOWER, DIVORCE,
DESCENT OF LAND, FRANCHISE.
CRIME AND OTHER SUBJECTS
HENRIETTA MUIR EDWARDS.
Published by the National Council of Women of Canada
The Herald Job Printing Co., Limited
The question, "What is the law?" on this or that subject, was
so frequently asked in our Council meetings when discussing
various topics that relate to women, and so much delay was
incurred in coming to any conclusion till the question could be
answered, that I thought it advisable to prepare a brief synopsis
of such laws as especially affect women.
In publishing these notes and extracts there is no idea of
offering them as a legal guide; quite the contrary, for the more
one studies law the more one realizes that a little law, like a little
learning, is a dangerous thing to act upon. The aim of this
pamphlet is to interest Canadian women in the laws that control
their affairs, and to give them a general idea of their legal position.
To bring the price of the pamphlet within the reach of all.
the extracts are of necessity of the most condensed character,
but in most cases chapter and section from which the extract is
taken are cited in order than anyone wishing further information
can easily secure it at a public library. Permit me to say that a
woman desiring to have her interests legally guarded should con-
sult a qualified lawyer and not depend on any knowledge she
may acquire through this pamphlet, or elsewhere, as "it depends"
is truer in law than in anything else.
It will be seen by these extracts that the law differentiates
between man and woman, sometimes in her favor, sometimes
The extracts from the laws of each province have been sub-
mitted to distinguished lawyers in the respective provinces for
supervision, in order that, if there were any mistakes in the
condensation or interpretation, they might be corrected. While
feeling deeply grateful for the kindness shown me by these emin-
ent members of the legal profession and by the librarians of the
different parliamentary libraries, I realize that it was as friends
of the National Council and its workers that they gave so readily
of their time and knowledge to aid me in a work undertaken
for it, and that the thanks of the Council as well as my own are
MACLEOD, ALBERTA, MARCH, 1908.
As will be seen by the following extracts the marriage laws
of the various Provinces differ in some important points. The
legal age to marry without consent of parent or guardian varies,
being eigteen years or twenty-one years. The age limit to a
legal marriage is, in some Provinces, twelve years of age; in
others fourteen years; in others sixteen years; while in some
Provinces there is no age limit, children being married as young
as seven years of age.
In some Provinces marriage can only be solemnized as a
religious act; in other Provinces provisions are made for civil
Marriage revokes a will, except under special circumstances,
in some Provinces and does not in others.
Marriage may be annulled by the Judicial Courts in some
Provinces, while in others recourse must be had to the Senate of
Canada, which is so costly a procedure that unless action is
taken as a pauper, only the rich can avail themselves of this
way of obtaining a divorce.
In some of the Provinces marriage affects the property of the
contracting parties in various ways in different Provinces, while
in others it has no effect on the property of either contracting
party, except in case of intestacy.
In most of the Provinces marriage deprives a woman wage
earner, or a woman of property, of municipal franchise.
An unmarried mother has the absolute control of her children.
The rights of a married mother in her children during the
life of the father are not recognized by law in most of the
PRINCE EDWARD ISLAND.
Laws of P.E.I., Act 1832, Cap. 4.
No marriage legal without consent of both parties.
Must be before two or more adult witnesses.
Must be registered. ffi
There is no hour of the day when it is unlawful to solemnize
Both contracting parties must be twenty- one years of age.
Minors may marry with consent of parents or guardians..
Qualified clergymen may marry minors without consent of
parents or guardians if none exist, but only after careful inquiry.
Marriage Act, 1900.
No. 9. Contracting parties must be of the age of eighteen
years or have the consent of father or guardian.
No. 10. Must be solemnized in the presence of two or more
credible witnesses who must sign the certificate, which i§ also
signed by the clergyman and the contracting parties and trans-
mitted by the person celebrating the marriage to the Registrar
of the division within which the marriage took place.
No. 11. All marriage licenses issued from the office of
the Provincial Secretary under the hand and seal of the Lieut.-
Governor. The Provincial Secretary may issue such licenses in
blank, marked with the number and date of issuing, but shall
keep a register thereof showing the date and person to whom
No person shall solemnize marriage unless duly registered as
authorized to do so.
All Christian ministers and teachers duly ordained and having
charge of a congregation in the province; all commissioners and
staff officers of the Salvation Army, having charge of a division
or branch of the Salvation Army; also Christian ministers and
teachers formerly in charge of a congregation in the Province,
duly ordained and in good standing with their denomination, if
registered as having right to marry, may solemnize marriage by
license or publication of banns. Publication of banns to be made
once during divine service in the parish where either of the par-
No civil form of marriage in New Brunswick.
No age limit as to the validity of a marriage provided there
is consent of parent or guardian.
No time limit for the solemnization of marriage.
R. S. 1900, Chap. III.
No marriage legal without the consent of both parties. Must
be solemnized before two or more witnesses. Must be registered,
the register signed by two or more witnesses as well as by the
officiating officer and the parties to the marriage.
With the exception of Salvation Army marriages, every mar-
riage shall be solemnized by a minister or clergyman of a church
or religious denomination, being a man and resident in Canada,
recognized as duly ordained according to the rites and ceremonies
of the church or denomination to which he belongs. In the case
of Salvation Army marriages, the solemnization must be by license
by a male commissioner or staff officer, who must be licensed to
marry. One of the parties must make affidavit that he and the
other party belong to the said society.
Contracting parties must be twenty-one years of age. If
either party to an intended marriage (not being a widower or
widow) is within the age of twenty-one years, the consent of the
father of such party, if the father is living, or if the father is
dead, the consent of the mother, if father and mother are dead
the consent of guardian (if any has been appointed), shall be
obtained before a license for such a marriage is issued.
Marriage licenses shall be under the hand and seal of the
Lieut. -Governor, who may from time to time sign and seal licenses
in blank, which shall then be furnished by the Provincial Secretary
to the issuers. Every issuer shall give the Provincial Secretary a
receipt for all blank licenses received by him, and shall account
to the Provincial Secretary for all licenses so received.
Every person who, knowing the same to be false, shall send
to any newspaper, publisher or other person for publication in
any newspaper in Nova Scotia, a false statement of the marriage
of any person, shall be liable ito a penalty of one hundred dollars.
Fee for license, $5.00.
Every person applying for a license shall make an affidavit
stating all the facts necessary to enable the issuer to legally issue
to him a license.
There is no age limit to parties contracting a marriage, nor
time limit as to when it may be solemnized.
No person shall officiate in the solemnization of any marriage
(a) Publication has been made by banns; or
(b) A license has been obtained.
Publication by banns of any intended marriage may be made
at any church or meeting house for divine worship, at the place
in which one of the parties to the intended marriage resides, by
the officiating minister or clergyman of any congregation at such
place, in an audible voice during divine service. If there is more
than one public service for divine worship in such church or
meeting house on each Sunday, such publications shall be made
at three several services held on two or more Sundays; or other-
wise such publications may be made at the several services on
The clergyman solemnizing the marriage must give a duly
filled-in marriage certificate to one of the parties to the marriage.
No. 115. A man cannot contract marriage before the full age
of fourteen years and a woman before the full age of twelve
Nos. 116, 148. There is no marriage where there is no con-
sent. A marriage contracted without the free consent of both
parties, or of one of them, can only be attacked by such parties
themselves, or by the one whose consent was not free.
No. U'9. All priests, rectors, ministers and other officers auth-
orized by law to keep registers of acts of Civil Statutes, are com-
petent to solemnize marriage.
Nos. 128, 156. Must be solemnized openly toy a competent
officer recognized by law, or it is open to contestation.
Nos. 57, 130. The marriage ceremony may only be performed
after the publications of banns by the priest, minister or other
officer in the church to which the parties belong, at morning ser-
vice, and if there be no morning service, at evening service, on
three Sundays or holidays, with reasonable intervals. If the par-
ties belong to different churches these publications take place in
each of such churches.
Nos. 63, 131. If the actual domicile of the parties to be mar-
ried has not been established by a six months' residence at least,
the publication must also be made at the place of their last domi-
cile in Lower Canada.
No. 59. The marriage ceremony may, however, be performed
without publication of banns if the parties have obtained and
produced a dispensation or license from a competent authority.
No. 157. If the publications required were not made, or their
omission supplied by means of a dispensation or license, or if the
legal or usual intervals for the publications have not elapsed,
the officer solemnizing the marriage under such circumstances
is liable to a penalty not exceeding $500.00.
No. 158. The officer solemnizing a marriage incurs a like
penalty, if he contravenes the rules prescribed by law for solemn-
No. 119. Children who have not reached the age of twenty-
one years must obtain the consent of their father and mother
before contracting marriage; in case of disagreement, the consent
of the father suffices.
No. 174. A husband owes protection to his wife, a wife obedi-
ence to her husband.
No. 175. A wife is obliged to live with her husband and to
follow him wherever he thinks fit to reside.
No. 163. A marriage, although declared null, produces civil
effects, as well with regard to the husband and wife as with
regard to the children, if contracted in good faith.
No. 164. If good faith exists on the part of one of the
parties only, the marriage produces civil effects in favor of such
party alone and in favor of the children of such marriage.
No. 156. Every marriage which has not been contracted
openly, or solemnized before a competent officer, may be contested
by the parties themselves and by all those who have an existing
and actual interest, saving the right of the court to decide ac-
cording to circumstances.
Nos. 166, 167. Children are bound to maintain their father
and mother and other ascendants who are in want; also sons-
in-law and daughters-in-law bound to maintain their father-
in-law and mother-in-law, but the obligation ceases (1) when the
mother-in-law contracts a second marriage (2) when the consort
through whom the affinity exists and all of the issue of the mar-
riage are dead.
No. 168. The obligations which result from these provisions
Nos. 57, 58, 59, 59a. An officer, before solemnizing marriage,
must be furnished with certificate of publication of banns signed
by publishing officer, containing names, surnames, occupation of
parties, whether they are of age or minors, names, surnames and
domicile of parents or name of former, or license from a com-
petent authority dispensing with certificate. A license issued by
Provincial Secretary under hand and seal of Lieutenant-Governor
is the competent authority for Protestant ministers, dispensing
with the publication of banns.
No. 60. Publications one year old must be renewed.
No. 63. Marriage is solemnized at place of domicile of either
party, otherwise parties must be identified.
No. 131. Domicile as regards marriage laws is acquired by
six months' residence.
Nos. 53b, 64. Act signed by solemnizing officer and two wit-
nesses. If solemnizing officer is unauthorized to keep register,
must send copy of act with solemn declaration within thirty days
to prothonotary of district.
No. 185. Marriage can only be dissolved by the natural death
of one of the parties; while both live it is indissoluble.
No. 108. Presumption of death arising from absence: The
husband or wife cannot marry without producing positive proof
No. 153. " A marriage contracted before the parties or either
of them have attained the age required, can no longer be con-
tested, (1) when six months have elapsed since the party or parties
have attained the proper age, (2) when the wife, under that age,
has conceived before the termination of the six months.
Fee for license, $8.00, $2.00 of which is retained by the is-
suer, the balance goes to the Protestant institution for superior
All marriage licenses for Protestant marriages shall be issued
from the Department of the Provincial Treasurer, under the hand
and seal of the Lieut. -Governor. The licenses are furnished by
such persons as the Lieutenant-Governor in Council names for
that purpose, to all persons requiring the same, who shall previ-
ously have given a bond, together with two sureties being house-
Legal for man and woman to marry at the age of eighteen.
No marriage legal without the consent of both parties. Must be
solemnized before two or more adult witnesses, and two or more
of such witnesses shall affix their names as witnesses to the
record in the register prescribed. Must not be solemnized be-
tween the hours of 10 p.m. and 6 a.m., unless exceptional cir-
cumstances exist. Marriage revokes a will except in some cases.
(See Chap, on Wills).
No person can solemnize marriage unless duly authorized
to do so by license or publication of banns. Proclamation must
be made at least one week previous to ceremony. The marriage
must take place within three months from the date of the issue
of the license or proclamation.,
A certificate in the form given in Schedule B or C of the
Marriage Act may. at the option of the applicant, be substituted
for a marriage license and has the same legal effect as a license.
Extracts From the Marriage Act as Amended in 1902 and 1905.
Section 2. The following persons, being men and resident
in Canada, may solemnize the ceremony of marriage between any
two persons not under a legal disqualification to contract such
(1) The ministers and clergymen of every church and religious
denomination, duly ordained or appointed according to the rites
and ceremonies of the churches or denominations to which they
(2) Any elder, evangelist, or missionary for the time being, of
any church or congregation of the religious people commonly
called or known congregationally as "Congregations of God" or
"of Christ." and individually as "Disciples of Christ," who from
time to time is chosen by any such congregation for the solem-
nization of marriage;
(3) Any duly appointed commissioner or staff officer of the
religious society called the Salvation Army, chosen or commis-
sioned by the said society to solemnize marriages. 59 V. c. 39, s. 2.
Section 3. Every marriage duly solemnized according to the
rites, usages and customs of the religious Society of Friends,
commonly called Quakers, shall be valid.
Section 4. — Publication of Banns.
(2) Such intention (to intermarry) shall be proclaimed once
openly, and in an audible voice, either in the church, chapel or
meeting-house in which one of the parties has been in the habit
of attending worship, or in some church, chapel, meeting-house
or place of public worship of the congregation or religious com-
munity with which the minister or clergyman who performs the
ceremony is connected, in the local municipality, parish, circuit
or pastoral charge, where one of the parties has, for the space
of fifteen days immediately preceding, had his or her usual place
of abode; and where both parties do not live in the same local
municipality, parish, circuit or pastoral charge, and the mar-
riage is not authorized by license or certificate as aforesaid, a
similar proclamation shall be made in the local municipality,
parish, circuit or pastoral charge (being within Canada) where
the other of the contracting parties has for the space of fifteen
days immediately' preceding had his or her usual place of abode;
and where the proclamation last mentioned is required, such mar-
riage shall not be celebrated until there is delivered to the
person proposing to celebrate it a certificate (Schedule A) showing
that such proclamation has been made.
(3) Every such proclamation shall be made on a Sunday,
immediately before the service begins or immediately after it
ends, or at some intermediate part of the service.
(4) The said certificate of proclamation of intention shall be
signed by the clergyman, minister, clerk, secretary or other person
who actually proclaimed the same, and shall show the official
position of the person who signs it. 59 V. c. 39, s. 4.
Section 15. (1) Where, in case of an intended marriage,
either of the parties thereto (not being a widower or widow) is
under the age of eighteen years, the consent of the father of such
party, if the father be living, or if the father be dead the consent
of the mother, if living, or of a guardian if any has been duly
appointed, shall be required berore the license is issued.
(2> When such consent is necessary under the preceding sub-
section, no license or certificate shall be issued without the pro-
ducton of the consent, and the issuer or deputy- issuer shall satisfy
himself of the genuineness of such consent by satisfactory proof
in addition to the affidavit required of one of the parties.
(3) In the case of a party under the age of eighteen years
(not being a widower or widow), if both the father and mother
of such person are dead and there is no guardian of such party
duly appointed, the issuer or deputy-issuer, on being satisfied
as to the facts, may grant the license or certificate.
(4) In case the father or mother, though living, is not a
resident of this Province, and is not in this Province at the time
of the application for a license, and the party under the age of
eighteen years is himself or herself a resident and has been such
resident for the preceding twelve months, the issuer or deputy-
issuer, on being satisfied by evidence of these facts, may grant
the license or certificate. 59 V. c. 39, s. 15.
Section 16. (1) No license or certificate shall be issued to
any party under the age of fourteen years, except where a mar-
riage is shown to be necessary to prevent the illegitimacy of off-
spring and a certificate to this effect is given by a legally quali-
fied medical practitioner known to the issuer, and except as afore-
said no person shall celebrate the marriage ceremony in any
case in which either of the contracting parties is under the age
of fourteen years, to the knowledge or information of such person.
60 V. c. 14, s. 68.
(2) If any minister, clergyman or other person shall celebrate
the ceremony of marriage between two persons knowing or be-
lieving either of them to be an idiot or insane, the person so
offending shall incur a penalty of $500.00. 59 V. c. 39, s. 16 (2).
Section 17. (1) Before any license or certificate is granted
by any issuer or deputy-issuer, one of the parties to the intended
marriage shall personally make an affidavit which shall state:
(a) In what county or district it is intended that the mar-
riage shall be solemnized, and in what town, village or place in
the county or district, and
(b) That he or she believes there is no affinity, consanguinity,
prior marriage or other lawful cause or legal impediment to
bar or hinder the solemnization of the marriage;
(c) That one of the parties has for the space of fifteen days
immediately preceding the issue of the license or certificate, had
his or her usual place of abode within the county or judicial
district in which (for either municipal or judicial purposes), the
local municipality in which the marriage is to be solemnized
Or. (if the county or district in which it is intended that the
marriage shall be solemnized is not that in which either of the
parties has for the space of fifteen days immediately preceding
the issue of the license or certificate, had his or her usual place
of abode), that the reason of procuring the marriage to be sol-
emnized in such place is not in order to evade due publicity
or for any other improper purpose;
(d) The age of the deponent, and that the other contracting
party is of the full age of eighteen years or the age of such other
contracting party, if under the age of eighteen years, as the case
(e) The condition in life of the parties, whether bachelor,
widower, spinster or widow, according to the fact.
59 V. c. 39, s. 17 (1); 60 V. c. 14, s. 66.
(2) The affidavit shall further state the facts necessary to
enable the issuer or deputy- issuer to judge whether or not the
required consent has been duly given in the case of any party
under the age of eighteen years, or whether or not such consent
is necessary. 59 V. c. 39, s. 17 (2).
Section 18. Where a party (not being a widower or widow)
is under the age of eighteen years, the written consent of the
person whose consent to the marriage is required, shall be pro-
duced and annexed to the affidavit made under the preceding
section and shall be verified by affidavit. 59 V. c. 39, s. 18.
Section 19. (2) The issuer or deputy-issuer before admin-
istering the oath to the applicant, shall see that the applicant is
aware what degrees of affinity or consanguinity are a bar to the
solemnization of marriage. 59 V. c. 39, s. 19.
Section 20. (1) In case the person having authority to issue
the license or certificate has personal knowledge that the facts
are not as section 15 of this Act requires, he shall not issue the
license or certificate; and if he has any reason to believe or sus-
pect that the facts are not as aforesaid, he shall, before issuing
the license or certificate, require further evidence to his satis-
faction in addition to the said affidavit.
(2) The issuer or deputy-issuer shall keep on record the
affidavits or depositions satisfying him of the facts of which he
is to be satisfied before issuing a license.
(3) No license or certificate shall be issued between the
hours of 11 p.m. and 6 a.m. by any issuer or deputy-issuer unless
he is satisfied from evidence adduced to him that the proposed
marriage is legal and that exceptional circumstances exist which
render the issue of the license or certificate advisable.
(4) Every issuer or deputy-issuer of marriage licenses shall
immediately upon issuing a marriage license, fill up on a form
the particulars contained in Schedule E appended to this Act,
or such of them as he is then able to give, and the issuer shall
forward the same forthwith to the Registrar- General; and every
such issuer of marriage licenses shall, on making application
to the Provincial Secretary for a new supply of licenses, certify
that a complete return of every license issued by him has been
forwarded to the Registrar-General. 59 V. c. 39, s. 20.
Section 21. No fee shall be payable for any license or cer-
tificate except the sum of $2.00, which the issuer of the license
or certificate shall be entitled to retain for his own use; but
the Lieutenant-Governor in Council may from time to time
reduce the sum so payable. 59 V. c. 39, s. 21.
Section 22. It shall not be a valid objection to the legality
of a marriage that the same was not solemnized in a consecrated
church or chapel, or within any particular hours. 59 V. c. 39,
Section 27. Printed copies of this Act shall be furnished in
pamphlet form by the Clerks of the Peace, by mail if desired,
postpaid, to any person applying therefor upon payment of ten
cents for each copy.
The Marriage Act, 1906, of Manitoba is practically the same
as that of Ontario with one or two exceptions. The fee for a
marriage license is $2.50 instead of $2.00 as in Ontario.
In Ontario it is unlawful to issue a license to marry to anyone
under fourteen years of age; in Manitoba it is unlawful to issue
a license to marry to anyone under sixteen years of age.
Extract from Marriage Act of 1906:
Section 30. Every marriage heretofore or hereafter solemn-
ized between persons not under a legal disqualification to con-
tract such marriage, shall after two years from the time of the
solemnization thereof, or upon the death of either of the parties
before the expiry of such time, be deemed a valid marriage so
far as respects the civil rights in this Province of the parties
or their issue, and in respect of all matters within the jurisdic-
tion of the Legislature of Manitoba, notwithstanding the clergy-
man, minister or other person who solemnized the marriage was
not duly authorized to solemnize marriages, and notwithstanding
any irregularity or insufficiency in the proclamation of intention
to intermarry, or in the dispensation thereof, or in the issue of
the license, or notwithstanding the entire absence of either;
provided that the parties after such solemnization lived to-
gether and cohabited as man and wife, and that the validity
of the marriage has not before such death or prior to the expiry
of the said time been questioned in any suit or action; and pro-
vided further that nothing in this section shall make valid any
marriage in case either of the parties thereto had or has previous
to the death of the other and previous to the expiration of the
said two years contracted matrimony according to law, and in
such a case the validity of such marriage shall be determined as
if this section had not been passed.
Printed copies of the Marriage Act must be furnished in
pamphlet form by the Department of Agriculture and Immigra-
tion, by mail if desired, postpaid to any person upon application
and the payment of ten cents.
ALBERTA AND SASKATCHEWAN.
Marriage must be solemnized before two or more credible
witnesses besides the person performing the ceremony.
Contracting parties must be of the age of twenty-one years
or have the consent of father if living, if dead that of mother,
if mother dead that of guardian, except any female over the
age of eighteen years living apart from her parents or guardian
and earning her own living may be excused from obtaining the
consents of such parent or guardian, and a statement of the
fact constituting such excuse shall be set forth in the affidavit
License fee, $3.00.
Before a license is granted by any issuer one of the parties
to the intended marriage shall personally make an affidavit be-
fore him stating that there is no legal impediment to the mar-
riage according to a printed schedule.
All clergymen and ministers duly ordained and appointed ac-
cording to the various rites of the religious societies to which
they belong, Commissioner and Staff Officers of the Salvation
Army and Commissioners appointed for the purpose by the
Lieut.- Governor in Council may solemnize or perform the cere-
mony of marriage.
All marriages must be registered and reported to the Regist-
rar of the division in which the marriage is celebrated within
one month from the date of the marriage.
No age limit for contracting parties to a valid marriage.
No time limit as to when the ceremony may be performed.
Any person unlawfully issuing a marriage license supplied
from the Department, any issuer of marriage licenses granting
a license without first having obtained the affidavit required by
the ordinance, and any person solemnizing a marriage contrary
to the provisions of the Marriage Ordinance is liable to a fine
not exceeding $100.00 and costs, upon conviction before two jus-
tices of the peace.
Marriage of Quakers or Doukhobortsi:
Section 19. Nothing in this Ordinance shall be construed
as in any way preventing the people called Quakers or Douk-
hobortsi from celebrating marriage.
(2) Subject to the following provisions all such Quakers or
Doukhobortsi desirous of being married according to the rites
and ceremonies of their own religion or creed shall not less
than eight days before such marriage is solemnized, give notice
in writing to be signed by one of the parties in form C of the
schedule hereto to a marriage commissioner of their intention to
have such rite or ceremony performed; and forthwith after
the performance of the said rite or ceremony shall make and
sign a declaration in form F of the schedule hereto which said
declaration shall be signed by both parties to the marriage so
contracted in the presence of two witnesses who shall each
severally attest such declaration by their signatures; and such
declaration shall within eight days be delivered by one or other
of the parties so married to the marriage commissioner to
whom the aforesaid notice was given. 1901, c. 17.
In the event of any parties objecting to or not being de-
sirous of adopting marriage by a clergyman or minister then,
and in that case, notice must be given by one of the parties in
writing in a prescribed form to the marriage commissioner at
least fourteen days before the intended marriage. Such marriage
to be solemnized in the office of said commissioner in the presence
of two credible witnesses and with open doors.
R. S. 1897, cap. 129.
No marriage legal without consent of both parties.
Must be solemnized before two or more witnesses.
Must be registered.
Ministers, clergymen of every religious denomination resident
in Canada being males and duly authorized, and the Registrar
appointed by the Lieut.-Governor in Council may celebrate mar-
riage between any two persons neither of whom shall be under
legal disqualification to contract such a marriage under pub-
lication of banns or license.
Commissioners and Staff Officers of the Salvation Army being
males may celebrate marriage.
Civil marriage made by a Registrar duly appointed, must
have notice given him fifteen days before celebration, stating
their objection to being married by a clergyman.
Civil marriage must take place in Registrar's office with open
doors and between the hours of 10 a.m. and 4 p.m. in the presence
of two or more credible witnesses besides the Registrar. Regist-
rar's fee, $10.00.
All marriage ceremonies must be performed in a public
manner with open doors save when otherwise permitted by
On payment of $2.50 a caveat (warning) may be entered by
any person with the Registrar against the issue of a certificate
for the marriage of the person named in the caveat.
The Registrar on receipt of the caveat must examine if
such caveat has grounds for obstructing the granting of a license.
A license to marry not valid after three months from date
Consent of parents and guardians necessary to the marriage
of minors of either sex under twenty-one years of age.
No marriage may be solemnized if the man is under fourteen
or the woman under twelve.
The consent of the mother not necessary to the marriage
of a minor if the father has given his consent.
No clergyman or other person can solemnize marriage ex-
cept by banns or license.
A DOMINION ACT RESPECTING OFFENCES RELATING
TO THE LAW OF MARRIAGE.
Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows.
Section 1. Everyone who, —
(a) Without lawful authority, the proof of which shall lie
on him, solemnizes or pretends to solemnize any marriage, or —
(b) Procures any person to solemnize an"y marriage, knowing
that such person is not lawfully authorized to solemnize such
marriage, or knowingly aids or abets such person in performing
such ceremony, —
Is guilty of a misdemeanor, and liable to a fine or to two
years' imprisonment or to both.
Section 2. (1) Every one who procures a feigned or pre-
tended marriage between himself and any woman, and every one
who knowingly aids and assists in procuring such feigned or pre-
tended marriage, is guilty of a misdemeanor, and liable to two
(2) No person shall be convicted of any offence under this
section upon the evidence of one witness, unless such witness is
corroborated in some material particular by evidence implicating
(3) In every case arising under this section the defendant
shall be a competent witness in his own behalf upon any charge
or complaint against him.
(4) No prosecution under this section shall be commenced
after the expiration of one year from the time when the offence
Section 3. Every one who, being lawfully authorized, know-
ingly and willingly solemnizes any marriage in violation of the
laws of the province in which the marriage is solemnized, is
gulty of a misdemeanor, and liable to a fine or <to one year's
(2) No prosecution for any offence against this section shall
be commenced except within two years after the offence is ,'ora-
Degrees of affinity and consanguinity which under the statutes
in that behalf, bar the lawful solemnization of marriage :
A man may not marry his
2. Grandfather's wife.
3. Wife's grandmother.
11. Wife's daughter.
12. Son's wife.
15. Grandson's wife.
16. Wife's granddaughter.
18. Nephew's wife.
19. Wife's niece.*
20. Brother's wife.
A woman may not marry her
2. Grandmother's husband.
3. Husband's grandfather.
5. Aunt's husband.*
6. Husband's uncle.
9. Husband's father.
11. Husband's son.
12. Daughter's husband.
15. Granddaughter's husband.
16. Husband's grandson.
18. Niece's husband.
19. Husband's nephew.
20. Husband's brother.
The relationships set forth in this table include all such
relationships whether by the whole or half blood, and whether
legitimate or illegitimate.
*By Dominion Act 53 Vict., c. 36, sect. 1, it is enacted that
"All laws prohibiting marriage between a man and the daughter
of his deceased wife's sister where no law relating to con-
sanguinity is violated are hereby repealed both as to past and
PRINCE EDWARD ISLAND.
Married Women's Property Act, 1896, Cap. 5.
A married woman can acquire real and personal estate as if
she were unmarried. Sue and be sued in her own name and make
herself liable on any contract in respect of and to the extent of
her separate estate.
X. \Y. Property Act. 28 Vic, c. 24.
A married woman is capable of acquiring, holding- and dis-
posing of any real and personal property, except property given
her by her husband, as if she were unmarried. She can sue
and be sued, can enter into contracts and render herself liable
ar far as her separate property is concerned.
But Sec. 4 states that nothing in the M. W. P. Act. shall
be taken to prejudice the husband's tenancy or right to tenancy
by the courtesy in any real estate of his wife.
R. S. 1900. Cap. 11
Married women can acquire, hold, or dispose of her own pro-
perty in the same way as if unmarried. Sec. 4.
Cannot carry on separate business without registration either
by herself or husband, otherwise her husband becomes liable in
contracts in respect to said business. Sec. 18, 19.
Civil Code of Lower Canada.
C. C. 324. An unmarried woman of the complete age of
twenty-one years is capable of performing all civil acts and there-
fore as free in the acquisition and management of her property
as a man.
A married woman is in the eye of 'the law as incapable
as a minor, and her husband stands to her in the relation of
a guardian, his consent being necessary to all that relates to the
acquisition and disposal of her property.
C. C. 763. She cannot give or receive a gift inter vivos with-
out the consent of her husband.
C. C. 177. She cannot contract a debt without his author-
ization, except in the administration of her property if she be
separate as to property.
C. C. 176. A wife cannot appear in judicial proceedings with-
out her husband's authorization.
C. C. 178. If a husband refuses to give authority to his
wife to appear in judicial proceedings or to make a deed the
judge may give the necessary authorization.
C. C. 179. A wife, however, who is a public trader may ob-
ligate herself for all that relates to her commerce and in so doing,
when there is community of property, bind her husband. She
cannot, however, become a public trader without the consent of
C. C. 180. If the husband be interdicted or absent the judge
may authorize a wife for purposes of contracting or appearing in
In no other province in Canada is a married woman so well
looked after in regard to property as in Quebec. The law treats
her as a child but it also provides for her as it does for a
child and guards her property interests in every way.
C. C. 1272. By the mere act of marriage, unless there has
been an ante-nuptial contract to the contrary, all the move-
ables, which includes shares and interests in financial, commercial
or manufacturing companies, but does not include money or preci-
ous stones, which the consorts possess on the day when the
marriage is solemnized; (see C. C. 395) all the moveable property
which they acquire during marriage, or which falls to them by
succession or by gift if the donor or testator has not otherwise
provided; all rents, revenues, arrears, interests from property be-
longing to the consorts at time of marriage or have accrued to
them by any title whatever during marriage, and all the im-
moveables they acquire during marriage becomes a community
of property which is equally owned by husband and wife. (C. N.
1401). One consort cannot to the prejudice of the other be-
queath more than his share of the community. (C. C. 1293).
The husband and wife both retaining as separate property the
immoveables which they possess on the day of marriage or which
fall to them by succession or equivalent title. (C. C. 1275). Also
all gifts and legacies made during the marriage by ascendants
of one of the consorts either to the consort entitled to inherit from
them or to the other consort. (C. C. 1276.)
C. C. 1276, par. 3. All gifts and legacies left to one or both
of the consorts by other than ascendants fall into the community
unless they have been expressly excluded.
This community of property is the common law of Quebec
and exists in every case unless modified or excluded by marriage
contract. It has its advantages and disadvantages for women.
For a woman without private property and not likely to succeed
to any, it is an advantage, as it gives her as a wife much more
than the dower of the other Provinces, namely, the half as ab-
solute owner of all her husband's moveables and of the im-
moveables acquired during marriage.
C. C. 1292, 1298. For a woman with private property or likely
to succeed to such it may be a disadvantage, as the husband alone
administers the property of the community and receives all rev-
enues both of his own private property and that of his wife's, as
well as the revenue of the community which includes the wife's
earnings. He may not sell the immoveables of his wife's private
property without her consent but the property of the community
he may sell, alienate or hypothecate without the concurrence of
his wife. He may even alone dispose of it either by gifts or
otherwise inter hjpuos provided it is in favor of persons who are
legally capable and without fraud. This leaves the wife, although
owner of property, entirely dependant on her husband for private
This common law, however, can be modified or almost set
aside by marriage contract or judicial proceedings.
C. C. 1264. All marriage contracts must be made in notarial
form and before the solemnization of marriage.
Contracts of marriage made in certain localities for which
an exception has been created by special law are exempted from
the necessity of being in notarial form. In marriage contracts
the parties may stipulate for (1) conventional community (2) ex-
clusion of community (3) separation of property.
In conventional community the consorts may modify the
legal community by all kinds of agreements not contrary to
articles 1258 of Civil Code, which refers to covenants contrary to
public order or good morals; and article 1259, which says con-
sorts cannot derogate from the rights incident to the authority
of the husband over the persons of the wife and children.
C. C. 1416, 1420. In exclusion of community the consorts stip-
ulate that there shall be no community. This does not give the
wife the right to administer her property: it may be agreed that
the wife for her support and personal wants shall receive her rev-
enues in whole or in part upon her own acquittances. A woman
who agress to this exclusion of community resigns what the com-
mon law gives her, namely, half of the community, which, although
not much at the time of marriage may be a large fortune at the
death of her husband. A woman should see that sufficient com-
pensation is given her for her agreement to exclusion of com-
munity. This contract of exclusion of community does not nul-
lify tier dower rights.
C. C. 1318, 1422, 1423, 1424, 1431. Separation of property in
contract of marriage gives the wife the entire administration of
her property, moveables and immoveables and the free enjoyment
of her revenues, only she cannot alienate her immoveable without
her husband's consent, or on his refusal without judicial authority.
She also becomes responsible to a certain degree for the expenses
of marriage. This contract of separation of property nullifies her
right to the half of whatever moveables or real estate may have
accrued to her husband during marriage, but not necessarily her
C. C. 1310, 1311, 636. The community is dissolved by natu-
ral death, by separation from bed and board, by separation of
property. Separation of property can only be obtained judicially
when the interests of the wife are imperilled and the disordered
state of the husband's affairs gives reason to fear that his pro-
perty will not be sufficient to satisfy what the wife has a right
to receive or get back. By the absence of one of the consorts.
This dissolution may be only provisional and is made after ob-
taining authority to take possession of the half of the community.
If there are no heirs of the absentee the present consort may ob-
tain provisional possession of the other half.
C. C. 1315. The separation can be demanded only by the
On the dissolution of the community an inventory must be
made within three months after the death of the husband in a
notarial form .in the presence of the heirs of the husband.
A widow may renounce the community within forty days after
the inventory has been made. This is an advantage if the burden
on the community is greater than the benefit. The want of an
inventory within the delays allowed by law causes the surviving
consort to lose the enjoyment of the revenues of the minor
children. C. C. 1330.
C. C. 1323. After the dissolution of the community by death
and in the absence of any will to the contrary, the surviving con-
sort has the enjoyment of the property of the community coming
to the children from the deceased consort; such usufruct last
as to each child until he is of the age of eighteen or until he is
emancipated. (This enjoyment ceases in the event of a second
marriage. C. C. 1325.
C. C. 1368. The mourning of the wife is chargeable to the
heirs of her deceased husband.
C. C. 184. A wife can dispose of her own property by will
without the authorization of her husband.
C. C. 1265. Consorts cannot confer benefits inter <vi<vos upon
each other, except a husband may, subject to certain restrictions,
insure his life for his wife and children.
R. S. 1897, Cap 163.
Section 6. A married woman is capable of acquiring-, holding
and disposing of her own property as if she were feme sole.
Disputes between husband and wife as to title to, or possession
of, property may be tried summarily without the necessity of an
action being brought to a judge of the high court or county bench,
at the option of the applicant.
If property be settled to the separate use of a married woman
and the words, "without power of anticipation," or words of like
import be added, she cannot anticipate her income, and the person
who is responsible for the payment of that income cannot safely
pay it» to any person other than the married woman herself.
This is a great safeguard against the solicitations of a needy
husband but can also be used to defeat justice by a selfish and
unscrupulous woman for her own benefit.
A widow has the usufruct of one- third of her husband's lands
even if he has disposed of them during his lifetime, unless she
has barred her dower in such lands, or he has mortgaged such
lands before marriage.
If the husband dies intestate she has $1,000.00 and half his
estates under certain conditions.
Husband may make gifts of lands to his wife.
R. S. M. 1902, Cap. 106.
A married woman as free in the possession, acquisition and
administration of her property as a man.
A married woman shall be subject to all such liabilities for
the maintenance of her children as the father.
Husband and wife may make a valid conveyance of land to
each other without the intervention of a trustee.
ALBERTA AND SASKATCHEWAN.
A married woman has all the rights and is subject to all the
liabilities in regard to property, real and personal, as if un-
Husband and wife may transfer land to each other without
the intervention of a trustee.
Adultery and desertion by husband or wife debars from taking
any part of the land of the deceased consort who dies intestate.
Extract From Alberta Land Titles Act, 1905.
Upon production to the registrar of a duplicate certificate of
title issued to a female, accompanied with a statement in writing
of her marriage subsequent to the issue thereof giving the date
of such marriage, the place where solemnized and her husband's
full name with his residence and occupation, verified by oath or
affirmation and the production of a certificate of the marriage by
the person who solemnized the same, and such further evidence
as the registrar may require, or upon production to the registrar
of such evidence as would be sufficient to establish the marriage
in any court in the province and on application to the registrar
to grant a new certificate of title, he shall file the same and at
once cancel the existing certificate of title, as also the duplicate,
and shall make a memorandum of each of the facts; and the
registrar shall thereupon grant a new certificate of title to the
applicant owner in her newly-acquired surname in which her
husband's full name, residence and occupation shall be given and
shall issue to her a duplicate certificate.
Pw. S. B. C. 1897, Cap. 130.
A married woman is as free as an unmarried woman to ac-
quire, hold and dispose of property.
Can contract, sue and be sued as if unmarried.
A married woman can effect a policy of insurance upon her
own or her husband's life for her separate use.
A married woman can protect her property from any person
including her husband. A husband and wife are competent to
give evidence against each other in this matter.
A married woman's ante-nuptial debts can only be collected
from her separate estate unless there be a contract to the con-
flllavvied Woman Earnings.
PRINCE EDWARD ISLAND.
Married women entitled to her own earnings. III. Ed. vii.
Married Woman's Property Act, 1895.
Right to her own earnings.
Has the right to her own earnings but cannot carry on busi-
ness as separate without registration either by herself or husband,
otherwise her husband becomes liable in contract in respect to
said business. N. S. R. S. 1000, M. W. Property Act, chap. 112.
Has no right to her own earnings if married without a mar-
riage contract without special permission from the court.
Has the right to her own earnings. R. S. O. 1897, cap. 163,
Has right to her earnings. R. S. M. M. W. Act 1891, cap. 95.
ALBERTA AND SASKATCHEWAN.
All wages, personal earnings, profits in any occupation or
business carried on separate from her husband is under a married
woman's absolute control. N. W. T. R. O. 1888, No. 54.
May secure a protection order for the earnings of her minor
children under certain circumstances.
Right to her own earnings. R. S. of B. C. 1897, cap. 130,
Bovocv and Wcnancp bp Couvtesp.
Requisites of Dower Are (1) Marriage (2) Seisin of Husband (3)
Death of the Husband. Tenancy by Courtesy is the Right
of the Husband to the Enjoyment for Life of the
Estate of His Wife. Requisites (1) Marriage
(2) Seisin of the Wife (3) Issue (4) Death
PRINCE EDWARD ISLAND.
The widow has dower of one-third interest for life in all
the lands that the husband owned during marriage, or of which
he was the owner in fee simple, and one-third interest for life in
all the lands of which he was the equitable owner at the time of
his death. C. S. 1871, 23.
Widow has the common law right of dower. N. B. C. S.
1877, cap. 73.
Married Woman's Property Act, 28 Vic, cap. 24, sec. 4, sub-
sec. 4 expressly declares that nothing in the Act shall be taken
to prejudice the husband's rights to tenancy by the courtesy in
any real estate of the wife.
R. S. 1900, Cahp. 114.
Wife has dower one-ithird interest in husband's real estate.
May elect to take provision in husband's will or dower one-
half to third interest in husband's real estate.
When husband dies beneficially entitled to interest in land
the widow shall be entitled to dower.
When husband has been entitled to right of entry or action
in land widow may sue for dower even though husband did not
Wife entitled to dower in surplus proceeds of land sold
under mortgage or judgment.
Husband has tenancy by courtesy in wife's estate.
Civil Code of Lower Canada.
1426. There are two kinds of dower, that of the wife and
that of the children. These dowers are either legal or customary,
or prefixed or conventional.
1427. Legal or customary dower is that which the law, in-
dependently of, any agreement, and as resulting from the mere
act of marriage, establishes upon the property of the husband in
favor of the wife as usufructuary, and of the children as owners.
1434. Customary dower consists in the usefruct (use) for
the wife, and ownership for the children, of one-half of the
immoveable which belong to the husband at the time of the
marriage, and one-half of those which accrue to him during mar-
riage from his father or mother or other ascendants. C. C. 954.
1436. The customary dower resulting from a second mar-
riage, when there are children born of the first, consists in one-
half of the immoveables not affected by the previous dower, which
belong to the husband at the time of the second marriage or
which accrue to him during such marriage from his father or
mother or other ascendants. The rule is the same for all sub-
sequent marriages which the husband may contract when there
are children of previous mariages.
1428. Prefixed or conventional dower is that which the parties
agreed upon by the contract of marriage.
1429. Conventional dower excludes customary.
1437. Conventional dower when there is no agreement to
the contrary also consists in the usufruct for the wife and the
ownership for the children of the portion of the moveables or
immoveable property which constitutes it according to the con-
tract. The parties may, however, modify this dower at will.
1440. Conventional dower is taken from the private property
of the husband.
1438. Dower, whether customary or conventional, is a right
of survivorship which opens with the death of the husband.
It may, however, be opened and become exigible "by separa-
tion of bed and board or by separation of property only, if
such effects result from the terms of the contract of marriage.
It may likewise be demanded in the case of the absence of the
husband under the circumstances and conditions expressed in
articles 100 and 110." C. C. 36, sec. 8, 208, 1322.
1463. The wife may be deprived of her dower by reason of
adultery or desertion.
In either case an action must have been instituted by the
husband and a subsequent reconciliation must not have taken
1464. A wife may also be declared to have forfeited her
dower by reason of the abuse she has made of her enjoyment.
(She is obliged to keep it in reasonable repair).
1454. The dowager, as long as she remains a widow, enjoys
the dower, whether customary or conventional, upon giving the
security of her oath to restore it, but if she remarry she is bound
to give the same security as any other usufructuary. C.C. 464.
1443. Neither the alienation by the husband of immoveables
subject to or charged with dower, or the charges or hypothecs
which he may have imposed upon theim, either with or without
the consent of his wife, affect in any manner the rights of the
latter or of the children unless she has expressly renounced in
conformity with the following article:
1444. The wife who is of age may, however, renounce her
right of dower whether customary or conventional upon such
immoveables as her husband sells, alienates or hypothecates.
The renunciation may be made either in the act by which
her husband sells, alienates or hypothecates the immoveable or
by a separate and subsequent act.
1439. Children do not come into possession of dower until
after the death of the mother.
1468. In order to be entitled to dower, the child is bound
to return into the succession of his father all such benefits as
he has received from him in marriage or otherwise, or to take
less in the dower.
1467. A child cannot accept dower and also be an heir to
Continuation of Community.
1323. After the dissolution of the community (of property)
by death, and in the absence of any will to the contrary, the
surviving consort has the enjoyment of the property of the
community coming to the children from the deceased husband,
such usufruct lasts as to each child until he is of the age of
eighteen or emancipated.
2116. The right to legal customary dower cannot be pre-
served otherwise than by the registration of the marriage cer-
tificate with a description of the immoveables then subject to
As regards to immoveables which may subsequently fall to
the husband and become subject to customary dower, the right
to dower upon such immoveables does not take effect until a
declaration for that purpose has been registered setting forth
the date of the marriage, the names of the consorts and the
description of the immoveable, its liability for dower and how it
has become subject to it.
1448. If the dower which is not yet opened be the con-
ventional dower, whether it consists in an immoveable or in an
hypothecary claim it is subject to the effect of the registry laws.
NOTE — A woman marrying a widower with children by a
former wife should see that an inventory of her husband's free
property is made and registered.
R. S. 1897, Dower Act.
A wife has an inchoate (begin) right of dower to all lands
acquired or held by her husband during coverture notwith-
standing that he may have disposed of them in his lifetime or
If a wife bar her dower in a mortgage, it is not an absolute
bar but only to a sufficient extent to give full effect to the rights
of the mortgagee. If land sold under a mortgage containing
bar of dower, dower is payable out of the surplus, the amount
being one-third of the gross value of the land. This does not
apply to marriages made before the act. Formerly a wife had to
be examined before a judge apart from her husband before she
could bar her dower, but it is not so now.
p. 839, 1633. By statute there is a dower even out of equitable
estate, if the husband has not parted with the same in his life-
time and die beneficially entitled.
The widow may elect to take in distribution share in lieu
In living absent from her husband for five years a wife bars
her dower in any land the husband may have sold or mortgaged
during that time, the purchaser or mortgagee having no know-
ledge of the existence of a wife.
No action for dower can be brought but within ten years
after the death of the husband of the dowress notwithstanding
any disability, but if widow has, after the death of husband,
actual possession of the land the period of ten years is to be
computed from the time when the possession ceased.
The widow of a joint tenant has no dower in her hus-
band's estate, for by the operation of the conveyance the whole
estate vests in the survivor of the joint tenant.
If husband purchases an estate subject to a mortgage or
mortgages his land and then marries, no dower attaches unless
he dies beneficially entitled.
Tenancy by Courtesy.
It is a question, since the enactment of the Devolution of
Estates Act, whether the effect of sections 3 to 9 of this act is
not to abolish tenancy by the courtesy, giving the husband in
lieu one- third if there is any issue or half if no issue, of real
and personal estate if the wife dies intestate. Husband has the
right to select under the different sections of the Act.
The Ontario legislature has by 62 Vic. cap. 9, sec. 11 recog-
nized the estate by the courtesy as an existing estate, but if
the view be correct that the said estate was abolished by previ-
ous legislation this recognition would have no effect. (A. H.
Marsh, K.C., Toronto Bar).
There is no dower or tenancy by courtesy. R.S.M. 1902,
cap. 48, sec. 19 and 20.
ALBERTA AND SASKATCHEWAN.
Dower and tenancy by courtesy abolished in 1887
R. S. 1897, Cap. 63.
Sec. 5. A widow is not entitled to dower in any lands which
her husband disposed of absolutely in his lifetime or by his will.
She is entitled to dower only in lands to which he, dying in-
testate, was beneficially entitled at his death.
Sec. 10. A bequest of land to her by her husband may, how-
ever, deprive her of dower in all other lands.
Sec. 11. The right to tenancy by courtesy still exists, but
only if the wife dies intestate.
(Practically no dower or tenancy by courtesy).
Gompulsovp Support of flRavvied
Woman bp Tbnsband and Tpvotection
There is a provision in the Criminal Code relating to the
provision by the husband which is in force in all the Provinces.
Section 210 and 215 makes the husband criminally respon-
sible for omitting, without lawful excuse, to provide necessaries
for his wife, if the death of the latter is caused, or if her life is
endangered or health is or likely to be permanently injured by
PRINCE EDWARD ISLAND.
A Provincial law, 14 Vic, chap. 7, allows of seizure and sale
of the husband's property to provide for the wife if he neglects
to do so.
Any woman living apart from her husband for reasons justi-
fied by law, may obtain an order for protection entitling her to
the control of the earnings of her minor children. R. S. 1903,
chap. 20, sec. 20.
R. S. 1900, Chap. 112.
Sec. 31. Any married woman, —
(a) Who has a decree of alimony, or any decree, judgment,
or order in the nature of a decree or order for alimony, against
(b) Who lives apart from her husband, having been obliged
to leave him for cruelty, or other causes which by law justifies her
leaving him renders him liable for her support, or
(c) Whose husband is a lunatic, with or without lucid in-
(d) Whose husband is undergoing sentence of imprisonment
in a penitentiary, jail or other prison for an indictable offence,
(e) Whose husband, from habitual drunkenness, profligacy,
or other causes, neglects or refuses to provide for her support
and that of his family, or
(f) Whose husband has never been in this province, may
apply to a judge for an order for protection, entitling her to have
and enjoy all the earnings of her infant children, and any acquisi-
tion therefrom, free from the debts or obligations of her husband,
and from his control or disposition.
NOTE — Orders of no effect if not registered.
Non-support is a justifiable cause for obtaining separation
from bed and board.
C.C. 213. Either of the parties thus separated, not having
sufficient means of subsistence, may obtain judgment against the
other for an alimentary pension which is fixed by the court, ac-
cording to the conditions, means and other circumstances of the
Imprisonment the punishment of non- support of wife and
Demand for support is not dependant on previous separation.
That is when the wife is deserted by her husband.
A deserted wife is now able to procure through a Stipendary
or Police Magistrate, a weekly allowance, not exceeding five dol-
lars per week in addition to the right to sue for alimony.
Imprisonment the penalty for non-support.
Revised Statutes of Manitoba, 1902, Chap. 107.
Sec. 2. Married woman may apply to County Court Judge
for an order, in case of husband's conviction for persistent cruelty,
etc., within the judicial district in which any such conviction has
taken place, or in which the cause of complaint shall have wholly
or partially arisen, for an order or orders under this act. 63
and 64 V. c. 28, s. 2.
Sec. 3. The court to which any application under this act
is made may make an order or orders containing all or any of
the provisions following, viz:
(a) Cohabitation (b) Custody of children (c) Weekly or
monthly payments (d) Costs (e) Forbidding interference, a pro-
vision forbidding the husband to enter upon any. premises where
the applicant may be living apart from her husband, and in case
such provision is made in any such order it shall not thereafter
be lawful for the husband to enter upon any such premises. 63
and 64 V. c. 28, s. 3.
Sec. 8. Every man shall be legally liable to support, main-
tain and educate his infant children, or the infant children of his
wife up to the age of sixteen years, but this shall not be deemed
to imply that fathers are not so liable at common law. 63 and
64 V. c. 28, s. 8.
An order may be obtained for desertion.
ALBERTA AND SASKATCHEWAN,
Chap 29, C. O. 1905.
The Supreme Court of the North-West Territories shall have
jurisdiction to grant alimony to any wife who would be entitled
to alimony by the law of England to divorce and to alimony as
incident thereto, or to any wife whose husband lives separate from
her without sufficient cause and under circumstances which would
entitle her by the law of England to the restitution of conjugal
rights, and alimony when granted shall continue until the fur-
ther order of the court.
B. C. Statutes, Chap. 18.
Sec. 2. Any married woman deserted by her husband may
summons him before a magistrate or two justices of the peace,
who if satisfied that the husband is able wholly or in part to
maintain his wife, or his wife and family, and has wilfully re-
fused or neglected to do so, and has deserted his wife, may order
the husband to pay a weekly sum not exceeding twenty dollars,
according to his means.
A woman is deserted if she is living apart from her husband
because of repeated assaults, or other acts of cruelty, or refusal
or neglect without sufficient cause to provide her with food and
other necessaries of life, when able to do so.
Order for maintenance cannot be given if wife guilty of
Trial to be private.
R. S. B. C. Chap. 130, sec. 25. A married woman living apart
from her husband because of cruelty or other causes justifying
her leaving him and rendering him liable for her support, or where
husband is a lunatic, prisoner, or from habitual drunkenness or
profligacy or other cause neglects or refuses to provide for her
support and that of his family, or whose husband never was in
British Columbia, or who is deserted and abandoned by her hus-
band, may obtain an order for protection from the magistrate en-
titling her to the earnings of her minor children, free from any
debts of her hus"band.
Bivovce and Separation*
PRINCE EDWARD ISLAND.
According to the English law a man cannot compel his wife
to live with him by force or prevent her by force or lock and key
from leaving his house.
An act for establishing a Court of Divorce passed April 10,
1835. Causes, Impotency, Adultery and Consanguinity within the
degress prohibited in and by Act of Parliament, 32nd year of the
reign of Henry VIII., and no other cause whatever. The wife in
such case not barred of her dower or the husband be deprived
of any tenancy by courtesy unless it should be so expressly
adjudged and determined in and by such sentence of divorce.
V. William IV., cap. 10.
No distinction made as to sex in justifiable causes of divorce.
The court has not been invoked for many years.
C. S. of N. B. 1897, Chap. 50.
A Court of Divorce and Matrimonial Causes.
A divorce is granted for: Adultery, consanguinity within
the term prohibited by Act of Parliament made in 32nd year of
Henry VIII., and for impotence.
A man cannot compel his wife ito live with him.
Extreme cruelty no cause for divorce.
No distinction is made as to sex of petitioner.
R. S. 1900, p. 862.
A Court of Divorce and Matrimonial Causes in Nova Scotia.
Cause: Impotence, consanguinity, cruelty, adultery.
No distinction is made as to the sex of the petitioner.
Civil Code of Lower Canada
C. C. 185. Marriage can only be dissolved by the natural
death of one of the parties.
C. C. 108. The presumption of death arising from absence
does not apply in the case of marriage.
Those seeking divorce must apply to the Federal Parliament.
The bill is introduced in the Senate. The courts, however, grant
separation from bed and board.
C. C. 206. Separation from bed and board does not dissolve
the marriage tie.
C. C. 207. The separation relieves the husband from the
obligation of receiving his wife and the wife from living with
C. C. 208. Separation from bed and board carries with it
separation of property; it deprives the husband of the rights
which he had over the property of his wife and gives to the
wife the right to obtain restitution of her dowry and of the pro-
perty that she brought in marriage, also all the benefits of all
gifts and advantages conferred on her by the marriage con-
tract unless they have been forfeited by adultery, saving the
rights of survivorship.
C. C. 213. Either party thus separated, not having suffi-
cient means of subsistence may obtain judgment against the other
for alimentary pension.
C. C. 214. The children are usually entrusted to the party
who has obtained the separation unless ordered otherwise by the
court after consultation with a family council.
C. C. 215, 165. Whoever may be entrusted with the care of
the children, the father and mother respectively retain the right
of watching over their maintenance and education and are ob-
liged to contribute thereto in proportion to their means.
C. C. 209. When community of property exists separation
dissolves that community.
C. C. 186. Separation from bed and board can only be de-
manded for specific causes which must be proved; it cannot be
based on mutual consent, or granted on default to appear.
C. C. 187. A husband may demand the separation on the
ground of his wife's adultery.
C. C. 188. A wife may demand the separation on the ground
of her husband's adultery, if he keep his concubine in their com-
. C. C. 189. Husband and wife may respectively demand this
separation on the ground of outrage, ill-usage or grievious insult
committed by one towards the other.
C. C. 191. The refusal of a husband to receive his wife and
to furnish her the necessaries of life is another cause for which
she may demand separation.
R. S. 1897.
There is no divorce court in Ontario. Those seeking- divorce
must do so through the Senate of Canada.
The High Court has power to grant alimony to any wife
entitled to such by the law of England or to any wife who would
be entitled by the law of England to a divorce and alimony.
The High Court has also power to declare a marriage void
if solemnized illegally.
R. S. M. 1902.
Anyone seeking divorce in Manitoba must apply to the
Senate of Canada.
The Court of Kings Bench exercises the right to deal with
the validity of the marriage contract in cases of fraud, duress
No protection order can be given to a wife permitting her
to live apart from her husband on the ground of husband's adul-
tery. (See chapter on Protection Order).
ALBERTA AND SASKATCHEWAN.
No divorce court in these provinces.
The Supreme Courts deal with alimony and validity of mar-
riages the same as in Ontario.
Persons seeking divorce must do so through the Senate of
R. S. 1897, Cap. 62.
British Columbia has a Court of Divorce and Matrimonial
Sec. 5. Divorce a mensa et thoro abolished and judicial sep-
aration granted in place, having the same force and consequence
as a divorce a mensa et thoro. It may be obtained either by hus-
band or wife for adultery, cruelty or desertion without cause for
a period of time of two years or more. The decree for separa-
tion may be reversed if obtained for desertion when proved that
there were reasonable grounds for that desertion.
Court may direct alimony to wife or her trustee.
In case of judicial separation wife to be considered as feme
sole with respect to property she may acquire from date of
Sec. 12, 16. Dissolution of marriage with right to remarry
granted to a man for wife's adultery, but a woman must petition
on the ground of incestuous adultery, or bigamy with adultery,
or rape, or sodomy, or beastiality, or of adultery coupled with such
cruelty without adultery which would have entitled her to a
mensa et thoro or of adultery coupled with desertion for two
years or upwards without reasonable excuse. The petition is
granted on proof that the adultery has not been condoned, that
the petitioner is innocent of adultery and has in no way been
accessory to or connived at the adultery, or that the petition is
presented or prosecuted in collusion with either of the respondents.
Sec. 29. Court may order settlement of property for benefit
of innocent party and children of marriage.
Sec. 39. Either party dissatisfied with any decision of the
court in any matter which may be made by the judge ordinary
alone, may, within three calendar months from decision, appeal
therefrom to the full court, whose decision shall be final.
When no appeal has been presented within the time limit
then the parties may marry again as if the marriage had
been dissolved by death.
No clergyman compelled to solemnize marriage of a divorced
Costs as ordered by court as may seem just.
A husband separated from his wife on account of intemper-
ance, and making no provision for her maintenance, thereby leav-
ing her without any means of support, is not entitled to a divorce
on ground of adultery committed by her after the separation.
Forest and Forest, 8, B. C. R. 19.
Wills and $nte$ta$p<
The following requisites to the making of a valid will are
necessary in all the Provinces of Canada.
1. No person under twenty- one years of age can make a
2. No imbecile, insane or interdicted person can make a valid
3. The testator must be of a sound mind.
4. All wills must be signed at the end of the will by the
5. All wills must be in writing. By "writing" is meant either
print, handwriting, typewriting, etc., and is used to express that
a will cannot be oral.
6. Two or more persons cannot make a will by one and the
There are three forms of wills: The notarial or authentic;
the English form and , the holograph will. The latter is only
valid in Manitoba or Quebec.
The notarial or authentic form is executed before two notaries
or one notary and two other witnesses, neither of whom shall
be clerk or servant to the notary, the testator in their presence
and with them signs the will, or declares he cannot do so after
it has been read to him by one of the notaries in the presence
of the other, or by the notary in the presence of the other wit-
nesses. Mention is made in the will of the observance of the
formalities. The date and place of its execution must be stated
in the will. Witnesses must be named and described in the
will. They must be of the male sex and of full age.
A will cannot be executed before notaries who are related
or allied to the testator or to each other in the direct line, or in
the degree of brothers, uncles, or nephews.
The original will remains with the notary and needs no
probate. Cannot be dictated by signs.
Wills made in the form derived from the laws of England,
whether they affect moveable or immoveable property, must be
in writing and signed at the end with the signature or mark of
the testator made by himself or by another for him in his
presence and under his express direction, which signature is then
or subsequently acknowledged by the testator as having been
subscribed by him to his will then produced, in presence of at
least two competent witnesses together, who attest and sign the
will immediately in the presence of each other and of the testator
and at his request.
Females may serve as attesting witnesses and the rules con-
cerning the competency of witnesses are the same in all other
respects as for will in authentic form.
Holograph wills must be wholly written and signed by the
testator and require neither notaries or witnesses. They are
subject to no particular form.
In holograph, wills and wills made in the form derived from
the laws of England, whatever comes after the signature of the
testator Is looked upon as a new act, which in the former case
must likewise be written and signed by the testator. In the
latter case the attestation of witnesses must follow each signature,
or come after the last as witnessing the whole of the will pre-
ceding- such signatures with the same formalities as the original
Subsequent wills which do not revoke the preceding ones in
an express manner annul only such dispositions therein as are
inconsistent with or contrary to those contained in the latter
An heir accepting inheritance makes himself liable for his
share of debts due by the estate. The taking into his possession
as heir by an heir of anything belonging to the estate makes
Any one witnessing a will bars his or her right to any be-
quest in that will and nullifies any legacy left to the wife or hus-
band of the witness.
PRINCE EDWARD ISLAND.
English Form of Will.
A recent law gives full power to a married woman to make
a will disposing of her property quite independent of her husband.
An executor must present the will for registration within
thirty days after the death of the testator.
Marriage revokes a will.
The estate of a person dying intestate, is administered by the
Surrogate Court. If the intestate is a man the court administra-
tion is granted to the widow or next of kin but if she or he does
not accept it, it may be granted to a creditor. An estate may also
be administered in the Court of Chancery.
A man dying intestate, one-third of his personal property
goes to his wife as absolute owner besides her dower of one-
third interest for life in houses and lands, when such wife shall
not be otherwise endowered before marriage. The residue of real
and personal estate is divided among children or their represent-
atives, if none, then to next of kin, but not beyond children of
brother and sister. If there be no children one-half of his per-
sonal property goes to his wife.
A woman dying intestate leaving husband and children, one-
third of personal property goes to husband, residue to children
and their legal representatives, no children living at time of death
all personal property goes to husband. Husband takes no interest
in real estate. III. Edward VII., cap. 9.
New Brunswick C. S., 1892, Chap. II.
English Form of Will.
Although by the Married Woman's Property Act (28 Vic,
cap. 24), a woman can dispose of her property by will as if she
were unmarried, it is still an unsettled question whether a woman
can make a will without the consent of her husband being endorsed
thereon, due perhaps to sub-section 4 of section 4 of the same
act which expressly states that nothing in the act shall be taken
to prejudice the husband's tenancy or right to tenancy by the
courtesy in any real estate of his wife. The best opinion is that
the wife can make a will without her husband's acquiescence, but
it cannot touch the husband's right of courtesy.
A wife can revoke the will at any time without consent.
Every will is revoked by marriage, except a will made in the
exercise of a power of appointment, when the estate appointed
in default of appointment could not pass to the testator's heirs
or next of kin.
Intestacy of Husband. — The real estate of a man dying in-
testate is divided, subject to dower, among his children or their
legal representatives; if no issue, next of kin or their legal re-
Children advanced by settlement or portion not equal to the
other shares shall have so much as to have all equal.
The personal property is divided: One-third to widow; if
no children, half to widow, balance to next of kin.
The real estate of a wife dying intestate is divided same as
that of husband subject to tenancy by courtesy.
New Brunswick Revised Statutes, Chap. 161.
Sec. 3. The separate personal property of a married woman
dying intestate on or after the first day of January A.D. 1896
shall be distributed in the following manner, in case she has
died or dies leaving children by a former husband, her surviving
husband shall be entitled to one-third thereof, and her children,
including those by her surviving husband, and their representa-
tives, to the remaining two-thirds; and in case she has died or
dies leaving children by her surviving husband only, he shall
be entitled to one-half thereof, and her children and their
representatives to the remaining half; and if there be no such
child or children living at the death of the wife so dying intes-
tate, then such property shall pass and be distributed as if this
section and The Married Womans' Property Act, chap. 78 of
these consolidated statutes had not been passed. 58 V., C. 24,
An heir making an acceptance is only liable for the debts
due by the estate to the amount of his inheritance.
R. S. 1900, Cap. 139, 140.
English Form of Will.
A declaration must be made by a married woman before the
witnesses of her will that she makes it of her own free will
and without undue influence from or by her husband; this applies
only when under the will her husband takes a greater interest
in her property than he would be entitled to were she to die
intestate, and such declaration must be embodied in an affidavit
or other evidence of the will. Sec. 15.
In wills of married women made without consent of hus-
band, husband can elect between provision in the will and ten-
ancy by courtesy.
Marriage revokes a will except (a) where it is declared in
the will that the same is made in contemplation of such mar-
riage (b) when the wife or husband of the testators elects to
take under under the will by an instrument in writing signed by
such wife or husband and filed, within one year after the tes-
tator's death, in the court of probate in which probate of such
will is taken or sought to be taken, or (c) when the will is made
in exercise of a power of appointment.
A will by a married woman where her husband takes greater
interest than if she were to die intestable must in addition to
being signed in the ordinary way, namely, before two witnesses
yho sign in the presence of the testator and in that of each other,
must make the declaration called for before a judge in the
Supreme Court or a judge of a county court, a barrister of the
Supreme Court, notary public, a commissioner for taking of
affidavits or a justice of the peace.
A legacy made in favor of a creditor is not deemed to be
in compensation of his claim, nor that in favor of a servant
in compensation of wages.
Every testamentary disposition lapses if the person in whose
favor it is made does not survive the testator.
Intestacy, Chap. 140.
A man dying intestate, his real estate, subject to dower, shall
descend to his children in equal shares, if no children surviving,
to their legal representatives. When no issue, one-half to his
father and one-half to his widow in lieu of dower. If no
widow nor issue, all to father; no father nor issue one-half
to widow and one-half to mother, brother and sisters (or
their representatives) in equal shares. If no widow, nor issue,
nor father, nor mother, the whole goes to brothers and sisters or
their representatives, failing these, to next of kin.
Kindred of half blood share equally with whole blood.
In distribution of personal estate one-third goes to widow
in addition to dower, the balance to those entitled to real estate.
The personal property of a man: If issue, one-third to his
widow; if no issue, one-half shall go to his widow, the residue
shall be distributed among those persons as if it were real estate.
Sec. 6. If no issue or next of kin the whole to his widow.
If no issue, no widow, the whole of such property to next of
kin as if it were real property.
A wife dying intestate, her husband takes interest as tenant
by courtesy of one-third personal estate, balance among issue.
No issue, one-half real and personal estate to husband, one-
half to father. No father surviving to mother and brothers and
sisters in equal shares. If no issue, father, mother, brother or
sisters or their representatives, the whole goes to husband. Sec.
The three forms of wills are valid in Quebec.
C. C. 846. Legacies made in favor of the notaries or wit-
nesses, or to the wife of any such notary or witness, or any
relation of such notary or witness in the first degree (one gen-
eration) are void.
C. C. 184. A wife, although she cannot dispose of her pro-
perty in her lifetime without the authorization of her husband,
may make a will without his authorization.
C. C. 1293. One consort cannot to the prejudice of the other
bequeath more than his or her share of the community.
C. C. 606. A person dying intestate, his or her property suc-
ceeds to the descendants or ascendants to the twelfth de-
gree or generation.
In default of relations within the heritable degree the suc-
cession belongs to the surviving consort, who has to be judicially
put in possession of estate. In default of surviving consort the
estate devolves to the Crown. C. C. 607.
C. C. 625 to 630. Children inherit equally. If there is no
issue, half to father and mother, other half to brothers and sisters.
If only one parent surviving, half to that parent, the other half
to brothers and sisters, nephews and nieces of the deceased. If
no father and mother, nor sisters or brothers, nephews nor nieces,
the other ascendants succeed to the exclusion of all other collat-
erals. The succession is divided equally between the ascendants
of the paternal and maternal lines. Ascendants inherit to the
exclusion of all others, property given by them to their children
or other ascendants who die Without issue.
The fact that neither husband nor wife is heir at law until
after the twelfth generation is important, owing to the community
of property that exists if there is no marriage contract to the
contrary. Either of the consorts dying where there is no issue,
the estate is divided and half belongs to the relations of the de-
ceased. It is most important in such a case for both consorts
to make their \\ ills,
C. C. 758. Every gift made so as to take effect after death
which is not valid as a will, or as permitted in a contract of
marriage, is void.
A married woman can make a will as freely as a feme
English form of will.
Marriage revokes a will, except the will be made in con-
templation of marriage. This only applies to a will made by
any person dying on or after the 13th day of April, 1897.
Real and personal estate divide alike.
If a man dies intestate his real and personal estate goes
to crown if he leaves no wife or relations. If wife and no issue,
$1,000 to wife and half of balance to wife; other half equally to
next of kin. If no kin, residue to crown. If issue, one-third to
widow, remainder equally to children or their representatives.
If only wife, father and mother, half to wife, half to father and
mother. If net value of estate does not exceed $1,000 widow takes
all, if over $1,000 widow takes $1,000 absolutely and one-half the
residue, the rest goes to next of kin in equal degree to the in-
testate. No representatives admitted by collaterals after brothers
and sisters' children. Status of Distribution, 22 and 23.
If wife, father, mother, brothers and sisters or their represent-
atives, half to wife, residue in equal shares. If only wife and
brother and sisters, half to wife, residue equally to brothers and
sisters. Wife takes $1,000 as in previous paragraph. Widow in
all cases may take her dower or distributive share in her hus-
band's real estate. If only brothers and sisters and grand-
parents, brothers and sisters take all to the exclusion of grand-
parents, although equal of kin. If only grandparents and uncles
and aunts grandparents inherit as nearer of kin.
If a woman die intestate, if husband and no issue, one-half
to husband, residue same as if unmarried, that is, to next of kin,
if no kin, to the crown. If husband and issue, one-third to
husband, residue to issue, according to opinion of some the hus-
band has right of tenancy by courtesy and the administration of
his wife's personal estate for his own benefit instead of distribu-
A man who has insured his life for the benefit of his wife
may bequeath the insurance to another person.
R. S. M. 1902.
Unless otherwise stated, on the death of a devisee before that
of the testator the real estate devised shall be included in the
residuary devise, except the devisee shall be issue of the testator.
Chap. 106. A married woman may by will devise or bequeath
her property in any manner she may see fit.
Chap. 48. A man dying intestate, one-third of the estate goes
to the widow and two-thirds in equal shares to the child or chil-
dren; if no children the widow takes the whole; if no widow or
issue the whole goes to the father; if no widow, issue or father
then to the mother, brothers and sisters in equal shares. The
separate property of a married woman dying intestate is dis-
tributed in the proportions and in the same manner as the pro-
perty of a husband dying intestate.
Marriage revokes a will except a will made in the exercise
of a power of appointment.
The holograph form of will valid in Manitoba, as well as the
English form of will.
ALBERTA AND SASKATCHEWAN.
English Form of Will.
No holograph form of will valid in Alberta and Saskatchewan.
The laws relating to the descent of real and personal property
are the same.
A married woman as free to dispose of her property by will
as a man.
Ord. 13, 1901. A man dying intestate leaving no issue the
whole of his property goes to his widow provided that prior to
his death such widow had not left him and lived in adultery. If
issue, one-third to widow, balance to issue in equal shares. If
no widow, or issue, or their representatives, the father if living
takes the whole. If no widow, no issue or their representatives
and no father living the mother takes the whole.
Sec. 3. An illegitimate child inherits equally with a legiti-
mate child the property of a mother dying intestate.
Sec. 4. An illegitimate child dying intestate and leaving no
issue the mother is heir.
B. C. R. S. 1897, Chap. 193.
Eng-lish Form of Will.
Sec. 15. Marriage revokes a will.
A married woman may dispose of her separate property
The personal estate is first liable for the payment of debts
and funeral expenses before resort can be had to the real estate,
which latter can only be interfered with by special order of the
The remainder of the personal estate of an intestate is divided
according to the Administration Act: One-third to the widow and
the remainder among the descendants jer stupes equally, unless
portions have been advanced in the lifetime of the deceased. If
no descendants, then half to the widow and half to next of kin.
If no widow than whole equally among descendants per stipes.
If neither widow or descendants then equally among next of
kin of same degree.
Real estate of an intestate descends after paying dower
(1) to lineal descendants per stirpes (2) failing children to father,
unless estate came on the part of the mother (3) failing father
to mother (4) failing father and mother to collateral relatives
subject to certain rules and regulations of the "Inheritance Act."
If widow and no children, widow takes half in addition to dower.
Statutes 1898, Cap. 40.
Descendants however remote share per stirpes equally and
relatives of half blood share equally with relatives of whole
Tenancy by courtesy still exists if wife dies intestate.
If a married woman dies without a will her personal estate,
if there are children, in the same proportion as that of the per-
sonal estate of a man dying intestate; if no children then
the personal estate will all go to the husband as administrator.
Her real estate descends in the same manner as the real estate
of a man. See R. S. B. C. Chap. 971, Sec. 5, and Statues 1898,
Wvustees, ZSgrecutovs, ZEutovs.
EXTRACT FROM CRIMINAL CODE.
210. Every one who as parent, guardian or head of a family
or under legal duty to provide necessaries for any child under
the age of sixteen years is criminally responsible for omitting,
without lawful excuse, to do so while such child remains a mem-
ber of his or her household, whether such child is helpless or not,
if the death of such child is caused, or his life is endangered or
his health is or is likely to be permanently injured by such om-
PRINCE EDWARD ISLAND.
The English law of the right of the father to the control
of an infant's religious education is fully recognized by the
Custody of Children Act, 1891. No ante-nuptial promise valid to
The father has an unlimited right to the custody of his
children subject only to the control of the courts in breaches of
duty. When he abuses his right to the detriment of the child
the courts will take the child from the father and give it to
the mother. Poverty of the father is not any ground for re-
moving his child from his custody.
Women may be guardians independent of relationship.
Women may be appointed administratrix or trustees. The
wife has the first right to be appointed administratrix to her
N. B. Revised Statutes, Chap. 112, Sec. 196.
It shall be lawful for the court upon the petition by the
next friend or mother of any infant or infants under sixteen
years of age, to order that the petitioner shall have access to
such infant or infants at such times and subject to such regula-
tions as the Court shall deem proper, or to order that such
infant or infants shall be delivered to the mother and remain in
or under her custody or control, or shall, if already in her cus-
tody or under her control, so remain until such infant or infants
shall attain such age not exceeding sixteen years, as the Court
shall direct, and also to order that such custody or control shall
be subject to such .regulations as regards access by the father
or guardian of such infant or infants, and otherwise as the
Court shall deem proper. 54 V. c. 4, s. 182.
Remuneration for trusteeship may be fixed by Judge.
R. S. 1900, Cap. 115, Sec. 4. Father is the lawful guardian, or,
it" dead, then the mother becomes guardian alone or jointly
with any guardian appointed by the father.
Sec. 5. No guardian being appointed and father and mother
both dead the minor, if fourteen years of. age, may nominate a
person to be guardian, if under fourteen the executors or ad-
ministrators of any estate in which the infant is interested, or
any one next of kin.
R. S. 1900, Cap. 151, Sec. 17. When any freehold heridit-
ament is vested in a married woman as a bare trustee she may
convey it as if she were a feme sole.
Trustees act gratuitously unless it be otherwise provided in
the document creating the trust.
C. C. 910. No person can be compelled to accept the office
of testamentary executor.
C. C. 905, 906. Single women and widows may be executors.
Married women cannot accept testamentary executorship with-
out the consent of their husbands. Single women and widows
who marry while they are testamentary executors do not forfeit
their office but require the consent of their husbands to con-
tinue the exercise of their office.
C. C. 922. A testator cannot appoint a tutor to a minor or
a curator to a person requiring one, but can give his executors
or administrators specific powers that amount to the same thing.
C. C. 282. The father as the lawful tutor of his children
cannot refuse the office.
C. C. 283. Mothers and grandmothers who have been ap-
pointed to tutorship during their widowhood, are deprived of them
from the day on which they contract a second marriage, and if
the minors have not been provided with another tutor prior to
such marriage, the husbands of such mothers and grandmothers
remain responsible for the administration of the property of the
minors during the second marriage.
C. C. 249. All tutorships are dative; they are conferred on
the advice of a family council by a competent court or by
any Judge of such court, having civil jurisdiction in the dis-
trict where the minor is domiciled.
C. C. 252. With the exception of the mother and other
female ascendants during widowhood, the relations taking part
in a family council must be males of the full age of twenty-one
years and residing in the district where the appointment of the
tutor is to be made.
C. C. 342. A wife may be curatrix to her interdicted hus-
A married woman can be appointed trustee, executrix and
guardian but cannot convey land as a trustee without consent
of her husband.
May be guardian to other children than her own.
R. S. M. 1902, Cap. 79.
Guardian may be either man or woman.
Sec. 11. Guardian may be appointed by Surrogate Court
on application of friends of minor upon notice being given to
Sec. 7. A mother or other guardian may be appointed by
the Surrogate Court as guardian to a minor notwithstanding any
testamentary provision to the contrary or appointment by the
father of any other guardian.
Cap. 107, Sec. 3. A provision made in this Act that a woman
applying for protection may be given the legal custody of any chil-
dren under the age of sixteen of the marriage between the appli-
cant and- her husband.
Cap. 106. A married woman can be an executrix and an
administrator or trustee; can sue and be sued, may transfer and
join in transferring any such property with her husband as if
she were a feme sole.
ALBERTA AND SASKATCHEWAN.
C. O. of the N. W. T., Chap. 21.
Mother may be appointed notwithstanding other appointment
by father as guardian.
Sec. 566. The Court or Judge may give effect to the tes-
tamentary appointment of the guardian by the mother of infant
children, either 'as respects the persons or estates, or one or both,
notwithstanding the previous appointment of guardians by tes-
tament of the father of such infant, upon petition presented and
facts proved if it shall seem advisabe and in the interest of
Unless the Court or Judge shall otherwise order no guardian
shall be appointed to the person or estate of any infant of the
age of fourteen or over without the consent of such infant.
Sec. 574. The Court or Judge upon application of mother
of any infant being in the sole custody of the father or other
person by his authority, may make an order for the access of the
mother at such times and subject to such regulations as the
Court or Judge thinks convenient and just, and if such infant
be within the age of twelve years, may make an order for the
delivery of such infant into the custody and control of the mother
and there remain until such time as the Court and Judge shall
Sec. 577. No order directing that the mother shall have
the custody of or access to the child shall be made in favor of
a mother who is guilty of adultery or otherwise of improper
The consent of a child over seven years necessary before
making application for sale of any of his property.
Revised Statutes, Chap. 96.
Father may arrange by will the guardianship of his child
till twenty- one years of age or for a less time.
No mother against whom adultery has been proved entitled
to the custody of her child.
Guardian appointed by Court cannot send infant beyond the
seas or out of the jurisdiction of said Court.
Mother can petition Judge for the care of her children until
seven years of age, if other guardians have been appointed by
father, and after seven years to have the right of access to them.
Women may be appointed trustees or administrators. If
married, her husband is not liable for any breach of trust, only
her own separate property.
PRINCE EDWARD ISLAND.
An illegitimate child takes no share in the estate of the mother
who dies intestate.
The father of an illegitimate child can be made to pay one
hundred dollars at suit of Alms House Commissioners. He has
no other responsibility.
An illegitimate child takes no share with the legitimate
children of a woman dying intestate. ......
■» ♦ »
Bastardy Act, Chap. 51, R. S. N. S.
Sec. .8. As soon as convenient after the birth ,of ,a bastard
child, any two justices applied to in that behalf by a ratepayer
of the poor district to which child is, or likely to become,
chargeable, shall issue a warrant (Form E) directed to any
constable, or to all constables, requiring them, at a time and
place mentioned in the warrant, to bring before the two Justices
the mother and the putative father.
Sec. 9. (1) Upon the mother and putative father being
brought before the two Justices in obedience to such warrant,
they shall hear the evidence of the mother, the putative father,
and any other evidence which is adduced before them.
(2) Upon such evidence they may, unless they discharge the
putative father, make an order of filiation requiring him to pay
to the overseers of the poor for the poor district, or to the town or
city as the case may be, (a) the expenses incidental to the lying
in and maintenance of the mother and to the birth and main-
tenance of the child up to the date of the order, and (b) the
expenses oi the funeral of the child if it has died before the
making of such an order, or (c) if it has not died, such sum
of money weekly toward the maintenance of such child while
chargeable to such poor district, or for such a period as they
consider right, respect being had to the ability and prospective
moans of the putative father.
(3) The two Justices may order such. putative father to give
a bond for the fulfilment of such order, or in default thereof to
pay a lump sum of not less than eighty nor more than one hun-
dred and fifty dollars to be fixed by them in lieu of the payments
in this section mentioned, and to be applied as in this section
(4) The two Justices may in a separate order direct that
the mother shall bear such part of the expenses of the main-
tenance of such child as to them seems just, and may require
that she shall suckle the child for at least ten months, or unless
she produces before them the certificate of a duly qualified medi-
cal practitioner that she is unable to do so.
Sec. 21. The putative father of every bastard child shall be
liable to contribute:
(a) To the medical and all other expenses connected with
the birth of such child, its maintenance and education until the
child is able to maintain itself, and with its burial in case it
dies before becoming able to maintain itself, and
(b) To the expense of the maintenance and care, medical
and otherwise, of the mother of such child during three months
next preceding to its birth, and during such period after birth
as medical or other special or unusual care and nursing are
necessary in connection with or as a consequence of the birth
of such child, and
(c) To the expense of the burial of the mother in case of
her death at or in consequence of the birth of such child.
(2) No such child who is under the age of fifteen years
shall be deemed able to maintain itself.
Sec. 28 (1) This Part (Part Second) shall not apply to any
putative father who has fulfilled the terms of any order of
filiation made against him in respect to the same bastard child
under Part First.
(2) If the terms of any such order have not been fulfilled, the
Court in giving judgment in an action under this Part shall take
into consideration any payments made under such order.
(3) In any such action an order of filiation shall be prima
facie evidence of the paternity of such child.
An illegitimate child has a right to establish judicially his
claim of paternity or maternity, and the proof thereof is made
by writings or testimony, under the conditions and restrictions
set forth in articles 232, 233 and 234, 241 of Civil Code.
C. C. 232. In default of the act of birth and of an uninter-
rupted possession, or if the child has been described either under
false names, or as being the child of unknown parents, the proof
of filiation may be made by testimony; nevertheless this evidence
can only be admitted when there is a commencement of proof
in writing or when the presumptions or indications resulting
from facts there ascertained are sufficiently strong to permit its
C. C. 240. The forced or voluntary acknowledgement by
the father or mother of their illegitimate child gives the latter
the right to demand maintenance from each of them according
An illegitimate child has no legal claim upon his father for
any support whatever.
An illegitimate child takes no interest in the estate of the
mother dying intestate.
ALBERTA AND SASKATCHEWAN.
An act similar to that passed in British Columbia was passed
in the Territories November 21, 1903. The affidavit must be made
in the Territories in the office of the Clerk of the Supreme
Court for the Judicial District in which she resides, or in the
office of a Deputy Clerk, if she reside in his District, instead of
before one of His Majesty's Justices of the Peace as in British
Cap. 19, Statutes of Alberta, sec. 13. Illegitimate children
shall inherit from the mother as if they were legitimate, and
through the mother, if dead, any land which she would, if liv-
ing, have taken by purchase, gift, devise or descent from any
An Act Respecting "The Support of Illegitimate Children,"
May 4, 1903.
1. Any person who furnishes food, clothing, lodging or other
necessaries to any such child born out of lawful wedlock may
maintain an action for the value thereof against the father of
the child, if the child was a minor at the time the necessities wer3
furnished and was not residing with his or her reputed father
and maintained by him as a member of his family.
2. Where the person suing for the value of the necessaries is
the mother of the child or a person to whom the mother has
become accountable for the maintenance, the fact of the defend-
ant being the father of the child shall be proved by other tes-
timony than that of the mother.
3. No action shall be sustained under the preceding two sec-
tions unless it is shown upon the trial thereof that while the
mother of the child was pregnant or within six months after
the birth of her child she did voluntarily make an affidavit in
writing before some one of His Majesty's Justices of the Peace
declaring that the person afterwards charged in the action is really
the father of the child; nor unless she deposited the affidavit
within the time aforesaid in the office of the Registrar of the
County Court nearest the place in which she then resided.
The affidavit shall not be evidence of the fact of the defendant
being the father of the child.
5. This Act shall not take away or abridge any right of action
or remedy which without this act might have been maintained
against the father of an illegitimate child.
Canadian women have no federal or provincial privileges. In
municipal affairs in all the provinces widows and spinsters who
are ratepayers have the same voting privilege as men, but are
not eligible to municipal office. In some of the provinces muni-
cipal voting privilege has been extended to married women.
PRINCE EDWARD ISLAND.
Municipal franchise, widows and spinsters being property
School franchise, widows and spinsters being property holders.
Eligible for office.
Municipal franchise, widows and spinsters who are rate-
School franchise, widows and spinsters who are ratepayers.
Eligible for office.
Municipal franchise, every woman who (a) is of the full
age of twenty-one years (b) is a British subject by birth or
naturalization and (c) was at the time of the last assessment
assessed as to property to the value of one hundred and fifty
dollars, or in respect of personal property, or real and personal
property together to the value of three hundred dollars. Pro-
vided that no married woman shall be entitled to vote under
this section, whose husband is entitled to vote. Chap. 4, sec.
7, R.S. 1900.
School franchise, widows and spinster ratepayers. Eligible
Municipal franchise, widows and spinsters who are property
holders. The Montreal Charter has been amended permitting
married women judicially separated from their husbands to vote
on municipal affairs when qualified the same as widows and
spinsters, and prohibiting a husband judicially separated from
his wife from voting on his wife's property. It was also amend-
ed extending the franchise to widows and spinsters who are
assessed as tenants.
School franchise, all widows and spinsters owning property.
Women not eligible for office.
Municipal franchise, spinsters and widows are entitled to
vote who are assessed as owners or occupants of property as-
sessed for not less than $400 or for income of not less than
$400. All women, married or single, who are taxed as property
owners are entitled to vote on money by-laws when such are
School franchise, any woman, married or single, who is a
ratepayer to any extent is entitled to vote and is eligible for
Municipal franchise, any woman ratepayer.
School franchise, any woman ratepayer. Women eligible for
ALBERTA AND SASKATCHEWAN.
Municipal franchise, widows and spinsters. In Edmonton
and Calgary married women being property owners.
School franchise, every ratepayer. Eligible for office. Ord.
1996, No. 2, Sec. 17, 31.
Municipal franchise, widows and spinsters being freeholders.
In Victoria all women over 21 years of age have the muni-
School franchise. In the cities of Victoria, Vancouver, New
Westmisnter and Nanaimo women whose names are on the as-
sessment roll have the right to vote for school trustees and are
eligible for office. In all other parts of the Province the wives
of voters in a school district have the right to vote for, and
to serve as, school trustees.
JSftvacts from tf)c Qviminal Code.
Chap. 146, R. S. 1906.
The fact that an offender is ignorant of the law is not an
exouse for any offence committed by him.
Sec. 299. Every one who commits rape is guilty of an in-
dictable offence and liable to suffer death, or to imprisonment
Sec. 300. Every one is guilty of an indictable offence and
liable to seven years' imprisonment who attempts to commit
Sec. 301. Every one is guilty of an indictable offence and
liable to imprisonment for life and to be whipped, who carnally
knows any girl under the age of fourteen years, not being his
wife, whether he believes her to be of or above that age or no*.
Sec. 302. Every one who attempts to have unlawful carnal
knowledge of any girl under the age of fourteen years is guilty
of an indictable offence and liable to two years' imprisonment,
and to be whipped.
Sec. 303. Every one is guilty of an indictable offence and
liable to imprisonment for life who, with intent to procure the
miscarriage of any woman, whether she is or is not with child,
unlawfully administers to her or causes to be taken by her any
drug or other noxious thing, or unlawfully uses any instrument
or other means whatsoever with the like intent.
Sec. 304. Every woman is guilty of an indictable offence
and liable to seven years' imprisonment who, whether with child
or not, unlawfully administers to herself or permits to be ad-
ministered to her any drug or other noxious thing, or unlawfully
uses on herself or permits to be used on her any instrument or
other means whatsoever with intent to procure miscarriage.
Sec. 305. Every one is guilty of an indictable offence and
liable to two years' imprisonment who unlawfully supplies or
procures any drug or other noxious thing, or any instrument
or thing whatsoever, knowing that the same is intended to be
unlawfully used or employed with intent to procure the miscar-
riage of any woman, whether she is or is not with child.
Sec. 207. Every one is guilty of an indictable offence and
liable to two years' imprisonment who knowingly, without lawful
justification or excuse —
(c) Offers to sell, advertise, publishes an advertisement of,
or has for sale or disposal, any medicine, drug, or article intended
or represented as a means of preventing conception or of causing
abortion or miscarriage.
NEGLECT IN CHILDBIRTH AND CONCEALING OF DEAD
Sec. 271. Every woman is guilty of an indictable offence who
with either of th« intents hereinafter mentioned, being with child
and being about to be delivered, neglects to provide reasonable
assistance in her delivery, if the child is permanently injured
thereby, or dies, either just before or during, or shortly after birth,
unless she proves that such death or permanent injury was not
caused by such neglect, or by any wrongful act to which she was
party, and is liable —
(a) If the intent of such neglect be that the child shall not
live, to imprisonment for life.
(b) If the intent of such neglect be to conceal the fact of
her having had a child, to imprisonment for seven years.
Sec. 272. Every one is guilty of an indictable offence and
liable to two years' imprisonment who disposes of the dead body
of any child in any manner, with intent to conceal the fact that
its mother was delivered of it, whether the child died before
or during, or after birth.
Sec. 306. Every one is guilty of an indictable offence and
liable to imprisonment for life who causes the death of any child
which has not become a human being, in such a manner that
he would have been guilty of murder if such child had been born.
(2) No one guilty of any offence who by means which he
in good faith considers necessary for the preservation of the life
of the mother of the child, causes death of any such child be-
fore or during birth.
Sec. 210. The burden of proof of previous unchastity on the
part of the girl or woman under the three next succeeding sec-
tions shall be upon the accused. (Passed April 4, 1900.)
Sec. 211. Every one is guilty of an indictable offence and
liable to two years' imprisonment who seduces or has illicit
connection with any girl of previously chaste character of or
above the age of fourteen years and under the age of sixteen
Sec. 309. Every one is guilty of an indictable offence and
liable to seven years' imprisonment who procures a feigned or
pretended marriage between himself and any woman, or who
knowingly aids and assists in procuring such feigned or pre-
Sec. 212. Every one, above the age of twenty-one years, is
guilty of an indictable offence and liable to two years' impris-
onment who, under promise of marriage, seduces and has illicit
connection with any unmarried female of previously chaste char-
acter, and under twenty- one years of age.
Sec. 213. Every one is guilty of an indictable offence and
liable to two years' imprisonment —
(a) Who, being a guardian, seduces or has illicit connection
with his ward; or
(b) Who seduces or has illicit connection with any woman or
girl previously chaste and under the age of twenty- one years who
is in his employment in a factory, mill, workshop, shop or store,
or who, being in a common, but not necessarily similar, employ-
ment with him in such factory, mill, workshop, shop or store, is r
in respect of her employment or work in such factory, mill, work-
shop, shop or store, under or in any way subject to his control
or direction or receives her wages or salary directly or indirectly
Sec. 214. Every one is guilty of an indictable offence and
liable to a fine of four hundred dollars, . or to one years' im-
prisonment, who, being the master or other officer or a seaman
or other person employed on board of any vessel, while such
vessel is in any water within the jurisdiction of the Parliament
of Canada, under promise of marriage, or by threats, or by the
exercise of his authority, or by solicitation, or the making of
gifts or presents, seduces and has illicit connection with any
(2) The subsequent intermarriage of the seducer and the
seduced is, if pleaded, a good defence to any indictment for any
offence against this or either of the two last preceding sections,
except in the case of a guardian seducing his ward.
Sec. 215. Every one who, being the parent or guardian of
any girl or woman, who —
(a) Procures such girl or woman to have carnal connection
with any man other than the procurer; or
(b) Orders, is party to, permits or knowingly receives the
avails of the defilement, seduction or prostitution of such girl
Is guilty of an indictable offence, and liable to fourteen
years' imprisonment if such girl or woman is under the age of
fourteen years, and if such girl or woman is of or above the age
of fourteen years to five years' imprisonment.
Sec. 216. Every one is guilty of an indictable offence and
liable to two years' imprisonment with hard labor, who —
(a) Procures, or attempts to procure, any girl or woman
under twenty-one years of age, not being a common prostitute
or of known immoral character, to have unlawful carnal connec-
tion, either within or without Canada, with any other person or
(b) Inveigles or entices any such woman or girl to a house
of ill-fame or assignation for the purpose of illicit intercourse or
prostitution, or knowingly conceals in such house any such woman
or girl so inveigled or enticed; or
(c) Procures, or attempts to procure, any woman or girl to
become, either within or without Canada, a common prostitute; or
(d) Procures, or attempts to procure, any woman or girl to
leave Canada with intent that she may become an inmate of a
brothel elsewhere; or
(e) Procures any woman or girl to come to Canada from
abroad with intent that she may become an inmate of a brothel
in Canada; or
(f) Procures or attempts to procure any woman or girl to
leave her usual plaoe of abode in Canada, such place not being
a brothel, with intent that she may become an inmate of a
brothel within or without Canada; or
(g) By threats or intimidation procures, or attempts to pro-
cure, any woman or girl to have any unlawful carnal connection,
either within or without Canada; or
(h) By false pretences or false representations procures any
woman or girl, not being a common prostitute or of known im-
moral character, to have any unlawful carnal connection, either
within or without Canada; or
(i) Applies, administers to or causes to be taken by any
woman or girl any drug, intoxicating liquor, matter or thing with
intent to stupefy or overpower so as thereby to enable any person
to have unlawful carnal connection with such a woman or girl.
Sec. 217. Every one who, being the owner or occupier of any
premises, or having, or acting or assisting in the management or
control thereof, induces or knowingly suffers any girl under the
age of eighteen years to resort to or be in or upon such premises
for the purpose of being unlawfully and carnally known by any
man, whether such carnal knowledge is intended to be with any
particular man, or generally, is guilty of an indictable offence,
and is liable —
(a) To ten years' imprisonment if such girl is under the age
of fourteen years;
(b) To two years' imprisonment if such girl is of or above
the age of fourteen years.
Sec. 218. Every one is guilty of an indictable offence and
liable to two years' imprisonment who conspires with any other
persons by false prtences, or false representations, or other fraud-
ulent means, to induce any woman to commit adultery or for-
Sec. 219. Every one is guilty of an indictable offence and
liable to four years' imprisonment who unlawfully and carnally
knows, or attempts to have unlawful carnal knowledge of any
female idiot or imbecile, insane or deaf and dumb woman or
girl under circumstances which do not amount to rape, but where
the offender knew, or had good reason to believe at the time of
the offence, that the woman or girl was an idiot, or imbecile,
or insane or deaf and dumb.
Sec. 220. Every one is guilty of an indictable offence and
liable to a penalty not exceeding one hundred dollars and not
less than ten dollars, or six months' imprisonment —
(a) Who, being the keeper of any house, tent or wigwam,
allows or suffers any unenfranchised Indian woman to be or re-
main in such house, tent or wigwam knowing or having probable
cause for believing that such Indian woman is in or remains in
such house, tent or wigwam with the intention of prostituting
herself therein; or
(b) Who, being an Indian woman, prostitutes herself there-
(c) Who, being an unenfranchised Indian woman, keeps, fre-
quents or is found in a disorderly house, tent or wigwam used for
any such purpose.
2. Every person who appears, acts or behaves as master or
mistress, or as the person who has the care or management, of
any house, tent or wigwam in which any such Indian woman
is or remains for the purpose of prostituting herself therein, is
deemed to be the keeper thereof, notwithstanding he or she is
not in fact the real keeper thereof.
Sec. 313. Every one is guilty of an indictable offence and
liable to fourteen years' imprisonment who, with intent to marry
or carnally know any woman, whether married or not, or with
intent to cause any woman to be married to or carnally known
by any other person, takes away or detains any woman of any
age against her will.
Sec. 314. Every one is guilty of an indictable offence and
liable to fourteen years' imprisonment who, with intent to marry
or carnally know any woman, or with intent to cause any woman
to be married or carnally known by any person —
(a) From motives of lucre takes away or detains against
her will any woman of any age who has interest, whether legal
or equitable, present or future, absolute, conditional or contingent,
in any real or personal estate, or who is presumptive heiress or
co-heiress or presumptive next of kin to any one having such
(b) Fraudulently allows, takes away or detains any woman
being under the age of twenty- one years, out of the possession
and against the will of her father or mother or of any other
person having the lawful care or charge of her with intent to
marry or carnally know her.
NOTE — Sub-section 2 of this section bars the person ab-
ducting or detaining, from taking any estate or interest, legal or
equitable, in the real or personal property of the woman ab-
ducted or detained.
Sec. 315. Every one is guilty of an indictable offence and
liable to five years' imprisonment who unlawfully takes or causes
to be taken any unmarried girl, who is under the age of sixteen
years, out of the possession and against the will of her father
or mother, or of any other person having the lawful care or
charge of her.
2. It is immaterial whether the girl is taken with her own
consent or at her own suggestion or not,
3. It is immaterial whether or not the offender believed the
girl to be of or above the age of sixteen.
Sec. 294. It is no defence to a charge of indictment for any
indecent assault on a young person under the age of fourteen
years to prove that he or she consented to the act of indecency.
Sec. 1060. (4) Whipping shall not be inflicted on any fe-
The following sub-section in regard to the first section of
Chapter 55 of the Statutes of 1891, intituled "An Act Respecting
Certain Female Offenders in the Province of Nova Scotia'' —
2. The Judge, Stipendary Magistrate or Magistrate before
whom such female person is convicted may, in his discretion,
instead of sentencing her as in this section before provided,
sentence her to an extended or substituted imprisonment in the
said reformatory, subject to the following conditions:
(a) If such female person is under the age of twenty-one
years, such extended imprisonment may be until she attains the
age of twenty-one years or for any shorter or longer term not less
than two nor more than four years.
(b) If such female person is of the age of twenty-one years
or upwards, such extended imprisonment may be for any term
not less than one year nor more than two years.
2. The provision of section twelve of this act hereby amended
shall, mutatis mutandus, apply to such extended imprisonment of
such female prisoners. (Note — Applies as to ticket-of-leave.)
INSURANCE FOR WIFE'S CHILDREN
Formerly in all the Provinces insurance taken out for bene-
fit of wife could not be alienated without the consent of wife.
Recent legislation in Ontario, New Brunswick and Manitoba has
made it possible for a man to do as he will with a policy taken
out in favor of his wife.
Cap. 83 of R. S. M., 1902.
An Act Respecting Life Insurance for the Benefit of Wives
In cases of a policy of insurance heretofore or hereafter ef-
fected by man or woman on the face of it expressed to be for
the benefit of, or has been heretofore or shall be hereafter ap-
propriated under this act for the benefit of his wife or her hus-
band or his wife and children or her husband and children
or his or her father, mother, sisters or brothers or any one or
more of them or any other person or persons whomsoever, then
the insured may by an instrument in writing attached to or en-
dorsed on the policy or identifying the same by its number or
otherwise absolutely revoke the benefit or declaration or approp-
riation previously made and apportion the insurance money, or
by like instrument from time to time reapportion the same, or
alter or revoke the benefits, or add or substitute new beneficiaries,
or divert the insurance money wholly or in part to himself or
his estate, provided that the assured shall not alter or revoke
or divert the benefit of any person who is beneficiary for value.
This Act shall be considered retroactive.
A person born in any part of the British Empire, even if an
alien, is a British subject by right of birth, as also is he whose
father or grandfather by the father's side is a British sub-
ject, although he be himself born in a foreign country; saving the
exceptions resulting from special laws of the Empire.
The conditions prescribed by the laws of the Dominion for
the naturalization of aliens are —
1. Residence in Canada during three years at least, or ser-
vice during three years at least under the Government of Canada
or under the Government of one of the Provinces of Canada,
with the intention when naturalized to either reside in Canada, or
to serve under the Government of the Dominion or under the
Government of one of the Provinces of Canada;
2. Taking the oath of residence or of service and that of
allegiance required by law;
3. Procuring from the proper Court, with the necessary for-
malities, the certificate of naturalization required by law.
An alien woman is naturalized by the mere fact of the mar-
riage she contracts with a British subject.
SEDUCTION— N. W. T. O. 1903, Cap. 8.
1. The father, or in case of his death, the mother (whether
she remains a widow or remarries) of any unmarried female who
has been seduced, and for whose seduction the father or mother
could maintain an action in case such unmarried female was at
the time dwelling under his or her protection, may maintain an
action for the seduction, notwithstanding such unmarried female
was at the time of her seduction serving or residing with another
person upon hire or otherwise.
2. Upon the trial of an action for seduction brought by the
father or mother it shall not be necessary to prove any act of
service performed by the party seduced, but the same shall in all
cases be presumed and no evidence shall be received to the
contrary; but in case the father or mother of the female seduced
had before the seduction abandoned her and refused to provide
for and retain her as an inmate then any other person who
might by common law have maintained an action for the seduction
may maintain such an action.
3. Any person other than the father or mother who by reason
of the relation of master or otherwise would have been entitled
at common law to maintain an action for the seduction of an un-
married female, may still maintain such action if the father or
mother be not resident in the Territories at the time of the
birth of the child which is born in consequence of the seduction,
or being resident therein and does not bring an action for the
seduction within six months from the birth of the child.
4. Notwithstanding anything in this Ordinance an action for
seduction may be maintained by any unmarried female who has
been seduced, in her own name, in the same manner as an action
for any other act and in such action she shall be entitled to such
damages as may be awarded.
SLANDER.— N. W. T., C. O., Chap. 30.
In an action of slander founded on words spoken of the plain-
tiff imputing unchastity, adultery or profligacy to a female
whether married or unmarried, it shall not be necessary to allege
or prove any special damage but such words shall be actionable
The father, if living, to the exclusion of the mother, is
heir to a man or woman dying intestate and leaving no widow
nor issue or their representatives. N. W. T.
The father has sole authority in the education and disposal
of the child although the mother is equally responsible with the
father for the maintenance of the child. Quebec, C.C. 243, 165.
(Also in other provinces).
The father's consent, to the exclusion of that ©f the mother,
is only necessary for the marriage of their minor children.
The widow has dower (the use for life) of one-third or one-
half of her husband's estate. The widower has the use of the
whole for life in those provinces where dower and tenancy by
the courtesy exist.
Illegitimate children inherit land equally with legitimate
children of a woman dying intestate but do not taken any share
in the land of a father dying intestate. N.W.T., B.C.
A man dying intestate leaving no children, half of personal
estate goes to his wife. A woman dying intestate leaving no
children all personal property goes to the husband. P.B.I.
In Quebec a man may procure a separation de corps because
of wife's adultery. It is necessary before a woman can procure
the same that her husband keep his concubine in their common
habitation. C.C. 187, 189.